Allowed

Yunus Gulam Hussein Muchhala and Shirin Gulam Hussein Muchhala v. ..........................................

Bombay HC16 Mar 2016GP/3/2011

Case brief

AI extract

What is this about?

The petitioner sought appointment as guardians of a minor girl, Zahra, replacing her birth mother. The court noted the mother's presence in court and her acceptance of the petition, including facts regarding adoption and the minor's upbringing with the petitioners.

What did the court decide?

Petitioners appointed as guardians of the minor Zahra in place of her natural guardian; certified copies of the order to be issued expeditiously.

Yunus Gulam Hussein Muchhala and Shirin Gulam… — Child Custody and Guardianship | Bombay HC (2016)

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909-GP3-11.DOC

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Atul

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIAN PETITION NO. 3 OF 2011

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Yunus Gulam Hussein Muchhala & Anr.

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…Petitioners

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Mr. G.R. Mishra, for the Petitioners.

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CORAM:G.S. PATEL, J.
DATED:16th March 2016

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PC:-

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1.The Petition is under the Guardians and Wards Act, 1890.
The Petitioners seek to be appointed as guardians of a female minor
child, Zahra, in place of her birth mother and natural guardian,
Mrs. Tasneem Suratwala alias Cochinwala.

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2.On my oral direction, Mrs. Tasneem Suratwala alias
Cochinwala was requested to remain present. She is personally
present in Court today. She confirms to me that she has read and
understood the Petition and accepts the prayer that is made. She
also confirms that she is the birth mother of Zahra; that the minor’s
father died on 6th June 2000; and that during his lifetime both he
and Tasneem executed a Deed of Adoption in respect of the minor
on 14th October 1997 in favour of the present Petitioners. She
confirms, too, that Zahra, from the age of nine months has being

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909-GP3-11.DOC

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living with and has been brought up by the Petitioners, who she
regards as her parents.

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3.In paragraph 7, the Petitioners state that they wish to send
Zahra for further studies abroad. Anticipating complications in the
documentation, since Zahra’s birth certificate shows the name of
her natural parents though all other documents show the name of
the present Petitioners, this Petition has been filed.

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4.Given that the minor’s natural mother is present in Court
and has conveyed her acceptance of this leave, I can see no reason
not to grant the Petition.

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5.The Petition is made absolute in terms of prayer clause (a),
which reads as follows:-

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“(a) That the Petitioners be appointed as the Guardians of the minor Girl Miss Zahra in place of her natural guardian, i.e., Mrs. Tasneem Suratwala alias Cochinwala.”

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6.I expect that the Petitioners may require certified copies of
this order for production before various Authorities. Consequently,
on the application of the Petitioners’ Advocate, certified copies of
this order are to be issued expeditiously and on priority basis out of
turn. All concerned to act on an authenticated copy of this order.

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(G. S. PATEL, J.)

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Yunus Gulam Hussein Muchhala and Shirin Gulam Hussein Muchhala v. ..........................................

Case brief

What is this about?

What did the court decide?

Yunus Gulam Hussein Muchhala and Shirin Gulam Hussein Muchhala 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

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