1. Against the order in G.O.P. No. 343/2000 on the file of the II Additional District Court, Ernakulam, this Revision Petition is filed by the respondent in the petition. The respondents as petitioners filed G.O.P. No. 343/2000 to declare them as joint guardian of the person and property of the minor Adithya Aju Abraham, grandson of the petitioners. The petitioner herein and the son of the respondents, Abraham Jacob were husband and wife and their marriage was solemnised at Sharon Marthoma Church, Palarivattom. The child Adithya Aju Abraham was born to them in the wedlock on 7th November, 1998.

Late Abraham Jacob was working at Bangalore. He met with an accident and expired on 3rd April, 1999 while he was at Karnataka. The dead body of Abraham Jacob was brought to Kochi and buried at the cemetery of Sharon Marthoma Church, Kochi. The petitioner along with the minor child resided at the residence of the respondents herein from 3rd April, 1999 upto 18th May, 1999 in house No. 35/1494, South Janatha Road, Palarivattom. The minor child is entitled to reside in the above house. The petitioner along with the minor child resided with her brother and brother's wife at Lagos, Nigeria. The brother and sister-in-law returned to India and started to reside at Tripunithura along with the child. The child along with the brother and his wife were residing at Tripunithura from March, 2000. Subsequently the minor was taken from Tripunithura to Kaviyoor, Thiruvalla. The petitioner remarried on 12th July, 2000. As per the respondents, if the child is allowed to reside with the step father, the welfare of the child will be affected. So the petition is filed to appoint them as joint guardian of the person and property of the minor. The child is entitled to get 2/3rd of the property scheduled in the petition amounting to Rs. 4,30,464.

2. The petitioner herein filed objection contending that the petition is not maintainable and the court has no territorial jurisdiction to entertain the petition. The Family Court alone has jurisdiction to entertain the petition. After getting permission of her husband and parent's, she took the child with her and now the child is residing with the mother. The respondents herein are not entitled to appoint a guardian of the minor child.

3. The petitioner herein filed a petition to hear the maintainability of the petition as a preliminary point. The court below has considered the entire facts and circumstances and found that the court has jurisdiction to entertain the petition. Against the said order this Revision Petition is filed by the respondent in the G.O.P.

4. The question to be considered is whether there is any reason to interfere with the order passed by the court below. The marriage of the petitioner and Abraham Jacob was solemnised at Sharon Marthoma Church, Palarivattom and the minor child Adithya Aju Abraham was born to them in their wedlock on 7th November, 1998. There is no dispute with regard to the fact that late Abraham Jacob was working at Bangalore and while he was working at Karnataka, he met with an accident and died on 3rd April, 1999. The dead body was brought to Kochi and the dead body buried at the cemetery of Sharon Church, Kochi. Till 18th May, 1999 the petitioner and the minor stayed in the house of the respondents herein. As per the revision petitioner the District Court has no jurisdiction to entertain the petition and the petition ought to have been filed before the Family Court. It is further contended that the child was not ordinarily residing within the jurisdiction of the said court. As per S.7(g) of the Family Courts Act, a suit or proceeding in relation to the guardianship of the person or the custody of or access to, any minor is to be filed before the Family Court. According to her, the District Court has no jurisdiction to entertain the petition. This contention of the petitioner cannot be accepted since the petition is filed not only for appointment of a guardian of the