Allowed

Laxmi Yashwant Yelve v. ................................

Bombay HC16 Mar 2011GP/48/2010

Case brief

AI extract

What is this about?

The court accepted the husband's guardianship of his minor son, considering practical difficulties in obtaining official birth certificates. The court directed the disposal of specific dues payable to the minor by appointing the High Court Accounts Officer as the temporary custodian of funds.

What did the court decide?

Petition made absolute; directions issued for transfer of dues to High Court Accounts Officer for investment.

Laxmi Yashwant Yelve Vs… — Child Custody and Guardianship | Bombay HC (2011)

GP48.10.sxw

JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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GUARDIAN PETITION NO. 48 OF 2010

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Mrs. Laxmi Yashwant Yelve.

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... Petitioner.

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Mr. Kunal Bhanage for the Petitioner.

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CORAM : R.Y. GANOO, J.

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DATED : 16^th MARCH 2011.

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P.C. :-

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The Petitioner is present. Master Satveer in regard to whom this Petition is filed is present. Husband of the Petitioner is present.

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I have interviewed all the three persons and it is found that the Petitioner is prepared to take the responsibility of Master Satveer. On the last occasion, the Court had directed the Petitioner to produce birth certificate issued by the Corporation or any other Government Body. Today, the Petitioner has filed an affidavit and in paragraph 3 she has stated that she does not know the exact place where Master Satveer was born. Hence, she is unable to apply for birth certificate from the concerned authorities. The learned Counsel for the Petitioner has tendered for Court’s perusal bonafide certificate dated 27^th October 2010 issued by the School Authorities where Master Satveer is studying. The said

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GP48.10.sxw

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certificate shows that date of birth recorded in the register of the school as 20^th July 1995. Master Satveer also stated that he is studying in Air Port High School at Vile Parle.

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Looking to the practical difficulties faced by the Petitioner, I am inclined to treat the date of birth of Master Satveer as 20^th July 1995 as the said date has been recorded in the School in which he is studying. The learned Counsel for the Petitioner to tender xerox copy of the bonafide certificate. The affidavit tendered by the learned Counsel Mr. Bhanage is taken on record. The learned Counsel for the Petitioner has produced the ration card issued in the name of the Petitioner and the name of Master Satveer is incorporated as a member residing with the Petitioner. The Petitioner has produced a calender issued by the School Authorities in favour of Master Satveer that shows that he is studying in the Air Port High School. With the aforesaid record there is no difficulty in granting the Guardian Petition.

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Hence, following order is passed :-

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(i) The Petition is made absolute in terms of prayer clause (a). There shall be no order as to costs.

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(ii) If any property of parents of Master Satveer is payable to him in terms of money, the said authority shall arrange to forward the said amount to the Accounts Officer of this Court so that the

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said amount can be invested in a permitted investment so that the said amount would be made available to Master Satveer on his attaining the age of majority. In the body of the Petition itself it is mentioned that some amount is lying with the Air Port Authority of India on account of dues payable to the mother of Master Satveer, who is no more and as such, Master Satveer is entitled to get the said amount. If an application is made to Air Port Authority of India in the name of Master Satveer to get the said dues from the Air Port Authority of India, the said Authority shall prepare a cheque covering the amount in the name of Accounts Officer, High Court, Bombay, so that the Petitioner can take further steps in the matter.

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(R.Y. GANOO, J.)

Laxmi Yashwant Yelve v. ................................

Case brief

What is this about?

What did the court decide?

Laxmi Yashwant Yelve v. ................................

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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