Allowed

Sonali Vinaykumar Hemani v. -

Bombay HC22 Feb 2018GP/20/2017

Case brief

AI extract

What is this about?

Petitioner, mother and natural guardian of a minor with high school fees, sought leave to sell the minor's share in a flat to fund education while depositing proceeds. The High Court dispensed with Section 11 notice, appointed the father as guardian without security, and granted leave to apply in future.

What did the court decide?

Petition made absolute: appointing petitioner as guardian without security and granting leave to apply to the Court as occasion arises.

Sonali Vinaykumar Hemani Vs - — Child Custody and Guardianship | Bombay HC (2018)

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925-GP20-17.DOC

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Atul

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 20 OF 2017

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Sonali Vinaykumar Hemani…Petitioner
And
Aryan Sonali Hemani…Minor

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Mr Abhijit Singh, i/b Anil R Mishra, for the Petitioner.

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CORAM: G.S. PATEL, J DATED: 22nd February 2018

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PC:-

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1.The Petitioner is the mother and natural guardian of a male
minor, Aryan. She divorced his father on 1st October 2007. A copy
of the divorce decree is annexed. The minor has share in Flat No. A-
41, 4th Floor, Ganga Bhuvan CHS, Jai Prakash Road, Versova,
Andheri (West), Mumbai 400 061. The Petitioner is the other joint
holder.

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2.The Petitioner is self-employed. She provides a tiffin and
catering service. Her income is not steady. Her minor son, Aryan, is
in the 11th standard and the school fees at this level are about Rs 8
lakhs per annum. The Petitioner, therefore, seeks to sell the flat
including the minor’s share to raise necessary fees required for his
education including his further college and higher education. She

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Page 1 of 2

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22nd February 2018

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925-GP20-17.DOC

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agrees to keep the minor’s share deposited and secured, except for
the amount that she needs to draw down to meet his educational
costs.

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3.It is in these circumstances that in this Petition under the
Guardian and Wards Act 1980, I will dispense with the notice under
Section 11 and make the Petition absolute in terms of prayer clauses
(b) and (c):

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“(b) That the petitioner being mother and natural guardian of the minor son Master Aryan Sonali Hemani be appointed (without security and without remuneration) as a guardian of the minor;

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4. The Petition is disposed of in these terms. No costs.

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(G. S. PATEL, J)

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Page 2 of 2
22nd February 2018

Sonali Vinaykumar Hemani v. -

Case brief

What is this about?

What did the court decide?

Sonali Vinaykumar Hemani 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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