K.S.NARAYANA ELAYATHU Vs. SANDHYA

JUDGEMENT

(1.) This appeal has been preferred by the respondent in O.P (G&W) No.1139 of 2017, challenging the proceedings of the Additional District Judge-VI, Ernakulam dtd. 22/11/2021.

(2.) O.P (G&W) No.1139 of 2017 was filed by Smt.Sandhya, mother of minor girl Nivedya, against the respondent, who is the father of the minor and husband of the petitioner. Due to strained marital relationship, the petitioner and respondent were living separately and the minor child was staying with her mother. Plaint schedule property was owned by the maternal grandmother of the minor child, and it was settled in her favour as per settlement deed No.1766/2012 of SRO, Tripunithura. The petitioner-wife filed that O.P for declaring her as the guardian of the person and property of the minor Nivedya.

(3.) The respondent-husband challenged the jurisdiction of the Family Court in entertaining that petition. He contended that the District Court is not having jurisdiction, as the entire right of the District Court, by virtue of the Guardian & Wards Act, has been taken over by the Family Court as per Sec. 7 (1) explanation (g) of the Family Courts Act, 1984.