Whether application for declaration and injunction about the minor’s property is maintainable before the High court in the absence of guardianship petition?

This scheme of law indicates that what lies before a court, other than a family court under Section 7 of the Family Courts Act, is an application for appointment of guardian of the property of a minor or an application for permission to deal with such property. It is only these applications which are made by means of a guardianship or a miscellaneous petition before this court. It is another matter that in such petition, filed for either of these two reliefs, other ancillary reliefs concerning the property of the minor may be prayed for, but no substantive petition can possibly lie simply for such ancillary reliefs without praying for either of the two main reliefs as the main prayer. It is not in dispute that the present application seeks neither of these two reliefs.

 

The Act, however, does not provide for any application for the sole relief of perpetual injunction or recovery of the minor’s property dealt with contrary to Section 11 to be made by way of a guardianship petition. The injunction against a de facto guardian for dealing with the minor’s property has been provided for in the Hindu Minority and Guardianship Act concomitantly with the powers to be exercised by the natural guardian for dealing with the minor’s estate or property in accordance with Section 8, which, as we have noted above, provides for seeking of a permission of the court to deal with such estate or property. But that does not mean that relief in enforcement of such injunction can be sought in a guardianship petition under that Act. Such relief can only be sought in an ordinary suit by the next friend or guardian appointed of the minor.

7 Having regard to the foregoing narration, in either event, this

court has no jurisdiction to entertain the present petition as framed.

Accordingly, the guardianship petition is dismissed.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

GUARDIANSHIP PETITION NO. 16 OF 2018

WITH

INTERIM APPLICATION (L) NO. 5266 OF 2021

WITH

MISC.APPLICATION NO. 4 OF 2018

Ashu Khurana Dutt Vs Aneesha Ashu Dutt

CORAM : S.C. GUPTE, J.

DATE : 1 APRIL 2021

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