Introduction of the Section 9
Section 9 of the Guardians and Wards Act, 1890, defines the jurisdictional rules for courts that are entitled to entertain applications related to the guardianship of a minor. It distinguishes between applications concerning the guardianship of the person and the property of the minor, specifying which District Courts are appropriate based on the minor’s residence and the location of their property.
Text of Section 9
(1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.
(2) If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Court having jurisdiction in the place where the minor ordinarily resides or to a District Court having jurisdiction in a place where he has property.
(3) If an application with respect to the guardianship of the property of a minor is made to a District Court other than that having jurisdiction in the place where the minor ordinarily resides, the Court may return the application if in its opinion the application would be disposed of more justly or conveniently by any other District Court having jurisdiction.
Simplified Explanation
Overview
Section 9 establishes the rules for determining which court has the authority to hear applications for guardianship. The section divides the applications into two categories: guardianship of the minor’s person and guardianship of the minor’s property. Depending on the nature of the application and the location of the minor, the relevant District Court is determined.
Key Points of Section 9
- Guardianship of the Person: If the application concerns who should be the guardian of the minor’s person, the application must be made to the District Court where the minor usually resides. This ensures that the court with the closest connection to the minor’s living situation handles decisions related to their care.
- Guardianship of the Property: For applications about the guardianship of the minor’s property, the application can be made either in the District Court where the minor resides or in the District Court where the minor owns property. This provides flexibility depending on where the minor’s assets are located.
- Return of Application: If a guardianship application concerning property is filed in a District Court not having jurisdiction over the minor’s residence, the court has the discretion to return the application if it believes that another court, which does have jurisdiction, would be better suited to handle the case. This ensures that the application is heard by the most appropriate court, avoiding unnecessary delays or complications.
Purpose and Scope
The purpose of Section 9 is to establish clear guidelines on which court has jurisdiction to handle different types of guardianship applications, based on the minor’s place of residence and the location of their property. It ensures that legal proceedings related to guardianship are conducted in the most appropriate jurisdiction, which can help expedite the process and make it more efficient.
Practical Impact
- Convenient and Relevant Jurisdiction: By specifying that applications related to the minor’s person must be made where the minor resides, and applications regarding property can be made in locations of the minor’s residence or property, the section ensures that the court closest to the minor’s situation handles the case.
- Efficiency in Guardianship Cases: The provision allowing the return of applications when they are filed in an inconvenient jurisdiction ensures that cases are handled more effectively, reducing delays and confusion over jurisdictional issues.
- Flexibility in Property-Related Cases: For applications related to property, having the flexibility to file in either the minor’s place of residence or where the property is located makes it easier for the applicant, especially in cases where the minor may own property in multiple locations.
Examples:
- Example 1: If a minor lives in Delhi but owns property in Mumbai, an application for the guardianship of their person must be filed in the District Court in Delhi, while an application for the guardianship of their property can be filed in either Delhi or Mumbai.
- Example 2: A relative wishes to apply for guardianship of a minor’s person, and the minor resides in Kolkata. The relative would need to file the application in the District Court in Kolkata.
- Example 3: If an application regarding the guardianship of a minor’s property is mistakenly filed in a District Court in a location other than the minor’s residence or property, the court may return the application, directing it to the correct District Court for a more just and efficient handling of the case.
Conclusion
Section 9 of the Guardians and Wards Act, 1890, provides a clear framework for determining which court has jurisdiction over guardianship applications. By distinguishing between the guardianship of the person and property, and giving courts the power to return misfiled applications, this section ensures that guardianship cases are heard by the most relevant and convenient court, promoting efficiency and fairness in the legal process.
