LAWS(ALL)-1991-1-50

RAMJEET CHABRA Vs. SAVITA CHABRA

Decided On January 19, 1991
RAMJEET CHABRA Appellant
V/S
SAVITA CHABRA Respondents

JUDGEMENT

(1.) -This civil revision is directed against the order dated 17-9-90 passed by the District Judge. Jhansi, refusing to drop the proceedings in case in relation to the guardianship of person and property of the minor initiated under the provisions of the Guardianship and Wards Act.

(2.) THE ground raised by the applicant to show that the regular Civil Court ceased to have jurisdiction to proceed with the case under the provisions of the Guardia ship and Wards Act. it is stated that by creation of Family Court under the Judgeship ousted the jurisdiction of Civil Court to proceed under the Guardianship and Wards Act. It was stated that very appointment of Guardian for person and property of minor passed in 1988 under the Guardianship and Wards Act was without jurisdiction and the application and proceedings for removal of Guardian pending before the Court of District Judge was not maintainable.

(3.) IT may be noted that this Court was pleased to direct the applicant's counsel to serve the respondent outside the Court, so that the respondent may be given opportunity and the civil revision itself may be finally decided. The respondent was served and a counter affidavit was filed and rejoinder exchanged. The Civil revision is, thus, finally being disposed of.