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An area has no Family Court, and no matrimonial proceeding is pending between a minor’s parents. Under…

Section 9(1) of the Guardians and Wards Act, 1890 directs an application concerning guardianship of the minor’s person to the District Court with jurisdiction where the…

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An area has no Family Court, and no matrimonial proceeding is pending between a minor’s parents. Under section 9(1) of the Guardians and Wards Act, 1890, which court has original jurisdiction over an application for guardianship of the minor’s person?

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Answer and explanation

Correct answer C

Section 9(1) of the Guardians and Wards Act, 1890 directs an application concerning guardianship of the minor’s person to the District Court with jurisdiction where the minor ordinarily resides. Under sections 7 and 8 of the Family Courts Act, 1984, an established Family Court takes that jurisdiction for its area.

Section 26 of the Hindu Marriage Act, 1955 allows child-related orders in proceedings under that Act. The petition here concerns guardianship independently of any such proceeding.

Option feedback

Option A

Section 9(1) vests this original guardianship jurisdiction in a civil court, not an Executive Magistrate.

Option B

The application is an original proceeding, and section 9(1) does not assign it to a High Court exercising appellate jurisdiction.

Option C

The District Court for the child’s ordinary residence has jurisdiction on the stated facts.

Option D

A Gram Nyayalaya is not the forum prescribed by section 9(1).

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