The Rules under the Guardians and Wards Act do not require including the minor ward in the cause title for appointment of a guardian under Section 10, influencing the court's decision to overrule the defect noted by the Registry.

ORDER :

Anil K. Narendran, J.

1. This appeal is one filed under Section 19(1) of the Family Courts Act, 1984, challenging the judgment dated 29.09.2022 of the Family Court, Chavara in O.P.(G&W) No.111 of 2017. The said original petition was one filed under Sections 7(1), 10 and 11 of the Guardian and Wards Act, 1890 read with Section 7 of the Family Courts Act, 1984 by the respondent herein-father for getting permanent custody and guardianship of the minor ward by name Krishna Priya, aged 7 years. The cause title of the judgment of the Family Court, Chavara, in O.P.(G&W)No.111 of 2017 is reproduced hereunder;

O.P.(G&W) 111/2017

Between

Petitioner : Vinukumar @ Vinu, Aged 36 years,

S/o. Omanakuttan Pillai, Thayyil Kizhakkathil,

Pattathanam, Mukundapuram P.O.,

Chavara Village, Karunagappally.

By Adv. Shaji S. Pallippadan

And

Respondent: Renjini, aged 27 years, D/o. Ushakumari,

Pillaveettil, Chavara, Chavara bridge P.O.,

Chavara Village, Karunagappally Taluk.

Minor Ward : Krishnapriya, Aged 7 years,

S/o. Vinukumar @ Vinu, Thayyil kizhakkathil,

Pattathanam, Mukundapuram P.O.,

Chavara Village.

By Adv. Anoob K. Basheer

2. The defect noted by the Registry is that the minor child is not made a party in the Mat.Appeal filed under Section 19(1) of the Family Courts Act, 1984.

3. As already noticed hereinbefore, O.P.(G&W)No.111 of 2017 is one filed by the respondent herein-father invoking the provisions under Section 7(1) of the Guardians and Wards Act, 1890 read with Section 10 of the said Act. The Rules under the Guardians and Wards Act prescribes the form of the petition for appointment of a guardian. As per Rule 1 of the said Rules, all proceedings under the Guardians and Wards Act shall be entitled “In the matter of ........... a minor” as in Form No.1. It is not the requirement of the said Rules that the minor ward should be arrayed as a party in the petition for appointment of a guardian under Section 10 of the Guardians and Wards Act. Therefore, the name and address of the minor ward need not be shown in the cause title of the order passed by the Family Court, as shown in the order dated 29.09.2022 of the Family Court, Chavara and Registry cannot insist a party to that proceedings to array the minor ward(s) as appellant or respondent in a Mat.Appeal filed under Section 19(1) of the Family Courts Act in which such an order is under challenge.

4. In the above circumstances, the defect noted by the Registry on the ground that minor ward is not included in the party array of Mat.Appeal cannot be sustained and the same is overruled.

5. Registry to number the Mat.Appeal and list for admission. Registry to issue a copy of this order to Registrar (District Judiciary).