Allowed

Kamal Malcolm Mowdawala v. Mathias Wadia-Hansen (Minor)

Bombay HC8 Jun 2016GP/37/2015

Case brief

AI extract

What is this about?

The Court appointed Kamal Malcolm Mowdawala, the first cousin of the minor's late mother, as the guardian of the person and property of the minor Mathias Wadia-Hansen. The court dispensed with the requirement of giving notice under Section 11 of the Guardians and Wards Act, 1890.

What did the court decide?

Petitioner appointed guardian of person and property of minor without security/remuneration; Notice under Section 11 of Guardians and Wards Act, 1890 dispensed with.

Kamal Malcolm Mowdawala Vs Mathias… — Child Custody and Guardianship | Bombay HC (2016)

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13-GP37-15.DOC

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SHEPHALI

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 37 OF 2015

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Kamal Malcolm Mowdawala…Petitioner
And
Mathias Wadia-Hansen…Minor

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Mr. Sahil Sayyed, i/b Wadia Ghandy & Co., for the Petitioner.

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CORAM: G.S. PATEL, J DATED: 8th June 2016

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PC:-

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1.The minor was born in Denmark on 6th December 2004. His
mother, a Parsi Zorastrian married a Danish citizen. The minor is
their son. They divorced in Denmark sometime in 2008, when the
minor was four years old. The minor and his mother Dinaz return
to India and lived in Pune. Dinaz died of cancer on 22nd July 2011.
The minor was then six years. He has since then been living in
Mumbai with the Petitioner, who is Dinaz's mother's brother's
daughter, i.e., Dinaz's first cousin. The minor is now 10 years old.
He attends the Singapore International School at Dahisar, Mumbai.

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2.The minor's father died on 3rd October 2012. His death
certificate is also annexed. The minor's mother, Dinaz has only one

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Page 1 of 3
8th June 2016

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13-GP37-15.DOC

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sister, Shirin Navroz Lalkaka, who has consented to the
appointment of the Petitioner as the minor's guardian.

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3.It is manifestly in the interest of the male minor that the
orders sought to be passed. Apart from anything else Dinaz has left a
Will appointing the Petitioner as the sole executor. The Petitioner is
to hold Dinaz's entire estate in trust for the sole use and benefit of
the minor till he completes the age of 30 years. A probate Petition is
pending. The minor is thus the only heir required to be cited in this
probate Petition. Clearly, the Petitioner must be appointed a
guardian in order to effectuate the terms of this Will. I notice that by
previous orders, time was taken to obtain a translation of the death
certificate, which is in Danish, and to place on record a decree of
divorce. I am informed that the Danish Consulate has not agreed to
to provide this translation. I do not insist on it, nor on production of
the divorce deed. I do not see how insisting on either of these
documents can assist the minor or further his interest, or how the
non-production of these documents is in any way material in such
Petition.

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4.The Petition is made absolute in terms of prayer clauses (a),
(b) and (c), which read thus:

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“(a)that this Hon'ble Court be pleased to
dispense with Notice required to be given under
Section 11 of the Guardians and Wards Act, 1890;

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(b)that the Petitioner being the first cousin of
the minor's mother (i.e. the minor's maternal
grandmother's brother's daughter) and in whose

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Page 2 of 3
8th June 2016

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13-GP37-15.DOC

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custody the minor has been ever since his mother
died and who has been providing for the minor's
maintenance, welfare and education, be appointed
as guardian (without security and without
remuneration) of the person and property of the
minor the said Mathias Wadia-Hansen;

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(c)that the Petitioner be authorized to consent
on behalf of the minor to grant of Probate of the
Will dated 21-7-2011 of the minor's mother the said
Dinaz Wadia-Hansen on Testamentary Petition No.
1065 of 2015;”

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(G. S. PATEL, J.)

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Page 3 of 3
8th June 2016

Kamal Malcolm Mowdawala v. Mathias Wadia-Hansen (Minor)

Case brief

What is this about?

What did the court decide?

Kamal Malcolm Mowdawala v. Mathias Wadia-Hansen (Minor)

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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