The Family Court's jurisdiction is limited to the guardianship of the person or custody of a minor; jurisdiction to grant permission for the alienation of a minor's immovable property exclusively rests with the District Court under the Hindu Minority and Guardianship Act, 1956.

Sanjay K. Agrawal, J.

1. Heard on I.A.No.1/2026, application for condonation of delay in

filing the present first appeal.

2. On due consideration and for the reasons mentioned in the

application, it is allowed and delay in filing the appeal is condoned, as sufficient cause has been shown for delay in filing the instant first

appeal.

3. Also heard on admission.

4. The short question involved in the first appeal is, whether the Family

Court had the jurisdiction to entertain the application for granting permission to sell the minor’s property under Section 8 (2) of the Hindu Minority and Guardianship Act, 1956 or the District Court

would have the jurisdiction to entertain the application?

5. The aforesaid question of law arises on the following factual

backdrop: -

6. The appellants herein, who are mother and two minor children

namely, Bhavesh Ogre and Vishal Ogre are jointly registered owners of the suit property situate at Village Dabrabhath, Patwari Halka No.8, R.I. Circle Nevari, Tehsil Kawardha, District Kabirdham. Appellant No.1 herein being mother of appellants No.2 & 3 herein made an application that Khasra No.313/3, area 0.2350 hectare, is required to be sold for education of her two minor children and

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therefore she may be granted permission to alienate the said property and the said application was made before the Family Court, Kabirdham. The learned Family Court by its impugned order summarily rejected the application holding that by virtue of Explanation (g) appended to Section 7(1) read with Section 8 of the Family Courts Act, 1984, the Family Court is not having jurisdiction to entertain the application for granting permission to alienate the minor’s property. Feeling aggrieved and dissatisfied with the said

order, this appeal has been preferred.

7. Mr. Devesh Chandra Verma, learned counsel appearing on behalf of

the appellants herein, would submit that the Family Court is absolutely unjustified in rejecting the application without properly adducing any witness or evidence on record, whereas after the enactment of the Family Courts Act, 1984, only and only the Family Court would have the jurisdiction to entertain the application for permission to sell the minor’s property under Section 8 (2) of the Hindu Minority and Guardianship Act, 1956 and alternatively, he would submit that the appellants may be permitted to file application before the District Court as envisaged under sub-section (6) of

Section 8 of the Hindu Minority and Guardianship Act, 1956.

8. Mr. Amit Buxy, learned Deputy Government Advocate appearing on

behalf of the State/respondent No.2 herein, would support the

impugned order and oppose the appeal.

9. In order to consider the plea raised at the Bar, it would be

appropriate to notice the provisions contained in Chapter III of the

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Family Courts Act, 1984, which deals with Jurisdiction. Explanation (g) appended to Section 7(1) of the Family Courts Act, 1984 would be

pertinent which states as under: -

“7. Jurisdiction.—(1) Subject to the other provisions of this Act, a Family Court shall—

(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation;

and

(b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to

which the jurisdiction of the Family Court extends.

Explanation.—The suits and proceedings referred to in this sub-section are suits and proceedings of the following

nature, namely:—

(a) to (f) xxx xxx xxx

(g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.”

10. A careful perusal of Explanation (g) appended to Section 7(1) of the

Family Courts Act, 1984 would show that a suit or proceeding relating to the guardianship of the perso