IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT

nd

ON THE 22 OF JANUARY, 2026 FIRST APPEAL No. 1531 of 2025 SMT. REKHA JAIN Versus GENERAL PUBLIC Appearance:

Shri Atul Kumar Jain - Advocate for the appellant.

ORDER Appeal is listed today on the question of maintainability.

2. From perusal of impugned order, it is evident that the appellant has filed application under section 8 of the Guardians and Wards Act, 1890. The said section deals with appointment of Guardian. However, it ought to have been treated under section 8(2) of the Hindu Minority and Guardianship Act, 1956.

3. Section 8 of the Hindu Minority and Guardianship Act, 1956, reads as under :-

"8. Powers of natural guardian.—(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant.

(2) The natural guardian shall not, without the previous permission of the court,—

(a) mortgage or charge, or transfer by sale, gift, exchange or otherw