Held in an oral order that an appeal filed in 1994 for custody and guardianship is infructuous and dismissed as the minor child is now at least 25 years old and no longer a minor.
The first appeal is dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
FIRST APPEAL NO. 520 OF 1994
Shivaji s/o Baburao Gawade, Appellant Aged 35 years, Occupation Agriculture, Resident of Pimpala Bangali, Taluka Georai, District Beed
V E R S U S Sanjivanibai w/o Shivaji Gawade, Respondent Aged 32 years, Occupation Household and Labour, Resident of Bangali Pimpala, Taluka Georai, District Beed, Now at Umapur, Taluka Georai, District Beed
Shri.M.D. Shinde, Advocate for the appellant Shri. R.N. Bharaswadkar, Advocate holding for Shri. S.P. Katnesharkar, Advocate for the respondent
CORAM : A.V. NIRGUDE, J. DATED : 12th July, 2010
ORAL ORDER
2
entitled for the custody of the child in question. The appeal was filed in 1994 when the minor child was 9 years old. Today the minor child would be at least 25 years old and is no more a child. The appeal should therefore fail as ‘infructuous’. The appeal stands dismissed as infructuous.
(A.V. NIRGUDE, J.)
srm/fa/520/94
1 issue framed by the court
Whether a petition filed under Sections 7 and 10 of the Guardian and Wards Act for appointment as guardian and custody in 1994 is infructuous because the child has now attained majority.
Sanjivanibai Gawade
A.V. Nirgude
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
