Renjini vs Vinukumar @ Vinu
2023 Latest Caselaw 639 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
          Thursday, the 12th day of January 2023 / 22nd Pousha, 1944
                    MAT.APPEAL NO. 17 OF 2023(FILING NO.)
(AGAINST THE JUDGMENT IN O.P.(G&W)NO.111/2017 OF FAMILY COURT, CHAVARA, DATED
                                  29-9-2022)
 APPELLANT/RESPONDENT:-

      RENJINI, AGED 32 YEARS, D/O. USHAKUMARI, PILLAVEETTIL, CHAVARA,
      CHAVARA BRIDGE P.O., CHAVARA VILLAGE, KARUNAGAPALLY TALUK, KOLLAM
      DISTRICT, PIN-691583.

    BY ADV K.RAKESH
RESPONDENT/PETITIONER:-

      VINUKUMAR @ VINU, AGED 41 YEARS, S/O.OMANAKUTTAN PILLAI, THAYYIL
      KIZHAKKATHIL, PATTATHANAM, MUKUNDAPURAM P.O., CHAVARA VILLAGE,
      KARUNAGAPALLY TALUK, KOLLAM DISTRICT, PIN-691585.

     This unnumbered Matrimonial appeal (filing No.17/2023) having come
up for orders on 12.01.2023, the court on the same day passed the
following:



                                                         (p.t.o)
          ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
      -----------------------------------------------------------
               Mat.Appeal (Filing No.17 of 2023)
      -----------------------------------------------------------
            Dated this the 12th day of January, 2023

                              ORDER

Anil K. Narendran, J.

This appeal is one filed under Section 19(1) of the

Family Courts Act, 1984, challenging the judgment dated

29.09.2022 of the Family Court, Chavara in O.P.(G&W)

No.111 of 2017. The said original petition was one filed under

Sections 7(1), 10 and 11 of the Guardian and Wards Act,

1890 read with Section 7 of the Family Courts Act, 1984 by

the respondent herein-father for getting permanent custody

and guardianship of the minor ward by name Krishna Priya,

aged 7 years. The cause title of the judgment of the Family

Court, Chavara, in O.P.(G&W)No.111 of 2017 is reproduced

hereunder;

O.P.(G&W) 111/2017

Between Petitioner : Vinukumar @ Vinu, Aged 36 years, S/o Omanakuttan Pillai, Thayyil Kizhakkathil, Pattathanam, Mukundapuram P.O., Chavara Village, Karunagappally.

By Adv. Shaji S.Pallippadan And

Mat.Appeal (Filing No.17 of 2023)

Respondent : Renjini, aged 27 years, D/o Ushakumari, Pillaveettil, Chavara, Chavara bridge P.O., Chavara Village, Karunagappally Taluk.

Minor Ward : Krishnapriya, Aged 7 years, S/o Vinukumar @ Vinu, Thayyil kizhakkathil, Pattathanam, Mukundapuram P.O., Chavara Village.

By Adv. Anoob K.Basheer

2. The defect noted by the Registry is that the minor

child is not made a party in the Mat.Appeal filed under Section

19(1) of the Family Courts Act, 1984.

3. As already noticed hereinbefore, O.P.(G&W)No.111

of 2017 is one filed by the respondent herein-father invoking

the provisions under Section 7(1) of the Guardians and

Wards Act, 1890 read with Section 10 of the said Act. The

Rules under the Guardians and Wards Act prescribes the form

of the petition for appointment of a guardian. As per Rule 1

of the said Rules, all proceedings under the Guardians and

Wards Act shall be entitled "In the matter of ........... a minor"

as in Form No.1. It is not the requirement of the said Rules

that the minor ward should be arrayed as a party in the

petition for appointment of a guardian under Section 10 of

the Guardians and Wards Act. Therefore, the name and

address of the minor ward need not be shown in the cause

Mat.Appeal (Filing No.17 of 2023)

title of the order passed by the Family Court, as shown in the

order dated 29.09.2022 of the Family Court, Chavara and

Registry cannot insist a party to that proceedings to array

the minor ward(s) as appellant or respondent in a Mat.Appeal

filed under Section 19(1) of the Family Courts Act in which

such an order is under challenge.

4. In the above circumstances, the defect noted by

the Registry on the ground that minor ward is not included

in the party array of Mat.Appeal cannot be sustained and the

same is overruled.

5. Registry to number the Mat.Appeal and list for

admission.

Registry to issue a copy of this order to Registrar

(District Judiciary).

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr

12-01-2023 /True Copy/ Assistant Registrar