Allowed

Mohammed Iqbal Shikh S/O Abdul Sattar Shaikh v. .....................................

Bombay HC10 Mar 2016GP/9/2015

Case brief

AI extract

What is this about?

In this guardianship petition, the High Court at Bombay granted the prayer to appoint the petitioner, the minor's paternal uncle, as the guardian of the minor due to the natural parents' unemployment and the minor's attachment to the petitioner's family.

What did the court decide?

Appointment of the Petitioner as the guardian of the person of the minor Mohammed Faiz.

Mohammed Iqbal Shikh S/O Abdul Sattar Shaikh… — Child Custody and Guardianship | Bombay HC (2016)

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912-GP9-15.DOC

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Shephali

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

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IN ITS GENERAL AND INHERENT JURISDICTION GUARDIANSHIP PETITION NO. 9 OF 2015

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Mohammed Iqbal Shaikh s/o Abdul Sattar
Shaikh

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…Petitioner

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Mr. Jamshed Ansari, for the Petitioner.

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CORAM: G.S. PATEL, J. DATED: 10th March 2016

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PC:-

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1.This is a Petition under Section 7 of the Guardians and
Wards Act, 1890 in respect of a minor child named Mohammed
Faiz born on 25th September 2003. The Petitioner claims that the
minor is in the care and custody of the Petitioner Mohammed Iqbal
Shaikh and his wife Akhtari.

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2.The minor is the son of the Petitioner’s brother. The
Petitioner himself is a driver with the Bhabha Atomic Research
Centre. The minor’s natural parents, one Gulam Kadir Shaikh (the
Petitioner’s brother) and his wife Teherunnisa Shaikh are both
personally present in Court. They confirm that the minor is indeed

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912-GP9-15.DOC

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their son. They have been identified. They have produced their
Aadhar Card. Photocopies of their Aadhar Cards are taken on
record and marked as “X”and “X1”respectively. They confirm
that they have also another child, a female minor named Muskan,
who is about 12 years old.

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3.The Petitioner as also the minor’s parents confirm that the
minor’s father Gulam Kadir Shaikh worked for some time as a
helper at a petrol station in Saudi Arabia. He has, however, been
unemployed since 2003. He, his wife and two children (i.e.,
Muskan and the present minor Mohammed Faiz) are being looked
after and are dependent on the Petitioner. The Petitioner also
provides for his own wife Akhtari and their daughter Nasreen
Shaikh, who is a trained Software Engineer in full time employment
with a monthly salary of about Rs.50,000/-.

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4.The Petitioner says that the minor Mohammed Faiz is now
emotionally attached to the Petitioner and his own family. He has
been looked after and provided for all these years. The Petitioner
also says that he and his family are providing for not only the minor,
but the minor’s sibling and the two minors’ parents also. All of
them live together in the Petitioner’s residence at Anushakti Nagar.

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5.It is in these circumstances that the Petition is made absolute
in terms of prayer clauses (a) and (b), which read as below:

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“(a) That this Hon’ble Court may be pleased to appoint the Petitioner as a guardian of the person of the minor Mohammed Faiz, now in the care and custody

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912-GP9-15.DOC

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of the Petitioner, being the paternal uncle of the minor.

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(b) That the appointment of the Account Officer, High Court, Bombay be dispensed with.”

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6. All concerned to act on an authenticated copy of this order.

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(G. S. PATEL, J.)

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Mohammed Iqbal Shikh S/O Abdul Sattar Shaikh v. .....................................

Case brief

What is this about?

What did the court decide?

Mohammed Iqbal Shikh S/O Abdul Sattar Shaikh 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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