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2009 Supreme(Gau) 594

I.A.ANSARI
Tarun Chandra Deka – Appellant
Versus
Jamini Mahanta – Respondent


ORDER

I.A. Ansari, J.

1. The petitioner herein, who is maternal grandfather of Bhaswati Mahanto, a minor, had applied to the Court of District Judge, Kamrup, at Guwahati, under Section 10 read with Section 7 of the Guardians and Wards Act, 1890, seeking to be appointed as guardian in respect of the person and property of the said minor. The maintainability of the said application was resisted by the Opposite Party herein, who is father of the said minor, on the ground that, in the face of the provisions of Sections 7 and 8 of the Family Courts Act, 1984, the District Court does not have jurisdiction to entertain such an application, and, hence the application for appointment as guardian of the said minor ought to have been filed in the Family Court, at Guwahati, inasmuch as the Family Court, having being established, has the jurisdiction to decide an application in respect of the person as well as property of a minor, who resides within the territorial limits of the jurisdiction of the Family Court.

2. Having taken note of the objections raised by the opposite party as regards maintainability of the application made to the District Court for appointment of guardianship of person as we


































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