High Court at Bombay dismissed a guardianship petition filed by a maternal uncle and a paternal grandfather's brother-in-law on the ground that the minor had attained majority on 12th May 2016. The court held the birth father is the natural guardian.
No costs.
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.
923-GP-5-2011.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 5 OF 2011
Rajesh Naginlal Katargamia and Another…Petitioners
Versus
Abdurrehman Islam and others…Respondents
…Respondents
None for the Petitioners.
Mr. Saeed Akhtar, with Khushnood Akhtar and Hitesh Thorat for the
Respondents.
CORAM: G.S. PATEL, J DATED: 22nd November 2016
PC:-
1.This Petition must be dismissed, and for more than one
reason. The first reason is that the minor in question attained
majority on 12th May 2016. There can be no question of allowing
the guardianship Petition. In any event the 1st Respondent is the
minor’s birth father and he is thus the natural guardian of the minor.
The Petition is brought by the then minor’s maternal uncle (the
deceased birth mother’s brother) and the then minor’s paternal
grandfather’s brother-in-law, the 2nd Petitioner. On the face of it no
application by these persons could be maintainable as against
Respondent No.1. Third, none appears for the Respondents.
2. The Petition is dismissed. No costs.
(G. S. PATEL, J.)
Page 1 of 1
22nd November 2016
2 issues framed by the court
Whether a guardian petition is maintainable when the minor has attained majority.
Whether the maternal uncle and paternal grandfather's brother-in-law can be natural guardians against the birth father.
Rajesh Naginlal Katargamia
Abdurrehman Islam
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court