APPOINTMENT AND DECLARATION OF GUARDIANSCentral

Section 14 of The Guardians and Wards Act, 1890 in hindi

(1)If proceedings for the appointment or declaration of a guardian of a minor arc taken in more Courts than one, each of those Courts shall, on being apprised of the proceedings in the other Court or Courts, stay the proceedings before itself.
(2)If the Courts are both or all subordinate to the same High Court, they shall report the case to the High Court, and the High Court shall determine in which of the Courts the proceedings with respect to the appointment or declaration of a guardian of the minor shall be had. 1[(3) In any other case in which proceedings arc stayed under. sub-section (1), the Courts shall report the case to, and be guided by such orders as they may receive from, their respective State Governments]

Summary

If multiple courts are handling guardianship proceedings for the same minor, they must pause their own proceedings as soon as they learn about each other.
If all the involved courts fall under the authority of the same High Court, they must report the situation to that High Court.
The High Court will then decide which specific court will continue handling the guardianship case.
If the involved courts are not under the same High Court, they must report the situation to their respective State Governments and follow the orders they receive from them.

Practical examples

1A grandfather files for guardianship in a district court in Mumbai, while an aunt files in Pune. Both courts are under the Bombay High Court. Upon learning of each other, they pause the cases and ask the Bombay High Court to choose which court should proceed.

2A brother files for guardianship in a court in Delhi, while a cousin files in a court in Chennai. Because they are not under the same High Court, the Delhi court pauses and reports to the Delhi government, and the Chennai court pauses and reports to the Tamil Nadu government, awaiting their respective orders.

FAQ

1. What happens if two courts accidentally start guardianship proceedings for the same child?

Once they find out about each other, both courts must stay (pause) their proceedings.

2. Who decides which court gets to keep the case if both are in the same state system?

If both courts are subordinate to the same High Court, the High Court determines which court will proceed.

3. What if the courts are in entirely different regions not under the same High Court?

They must report the case to their respective State Governments and follow the orders they receive.

Test yourself

Q1.Under Section 14 of The Guardians and Wards Act, 1890, what immediate action must a court take upon being apprised that another court is taking proceedings for the same minor?

Q2.Under Section 14 of The Guardians and Wards Act, 1890, who determines which court will proceed if two competing district courts are subordinate to the same High Court?

Q3.Under Section 14 of The Guardians and Wards Act, 1890, what must courts do if their proceedings are stayed but they are NOT subordinate to the same High Court?

Q4.Under Section 14 of The Guardians and Wards Act, 1890, how does the rule apply regarding sub-section (1) triggers and sub-section (3) actions?

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