Allowed

Suryakant Narayandas and Komal Suryakant Bhadesia v. Pratham Amit Dodhiwala (Minor)

Bombay HC19 Mar 2021GP/1/2021

Case brief

AI extract

What is this about?

This order allowed a guardianship petition under the Guardians and Wards Act, 1890, appointing the maternal grandparents as legal guardians of two minors whose both parents and paternal grandparents were deceased, dispensing with notice under Section 11.

What did the court decide?

Appointment of petitioners as legal guardians for the person and property of the two minors and dispensing with notice under Section 11.

In the matter of Guardian and Wards Act, 1890 AND In the matter of Master Pratham Amit Dodhiwala, aged 13 years and Miss Hinnal Amit Dodhiwala, aged 8 years, both of Hindu inhabitants of Mumbai....Minors

This guardianship petition, filed under the provisions of the Guardians and Wards Act, 1890, seeks appointment of the Petitioners, who are maternal grandparents of two minors, as the latter’s guardians. One of the minors, Master Pratham Amit Dodhiwala, is aged 14 years, whereas the other minor, Ms. Hinnal Amit Dodhiwala, is 9 years old. Both parents of the minors have died. Even the paternal grandparents of the minors are not alive. The father of the minors only has two married sisters, both of whom have given their no objection to the guardianship of the minors by the present Petitioners. Their consent affidavits have been produced along with the guardianship petition. The Petitioners are otherwise fit and proper persons to be appointed as legal guardians and capable of maintaining and

looking after the minors. They have also submitted particulars of their investments for the sake of the minors, including insurance policies as well as bank accounts, including a recurring deposit account. The Petitioners have been de facto guardians of the minors so far and have looked after their education, tuition fees, daily needs, etc., since the death of their natural parents. The minors have interest in immovable property described in para 9 of the petition. The Petitioners, accordingly, pray for appointment of legal guardians of the person and property of the minors.

2In these facts, it being in the interest of justice to have the Petitioners appointed as guardians of the person and property of the two minors, namely, Master Pratham and Miss Hinnal, the petition deserves to be allowed after dispensing with notice under Section 11 of the Guardians and Wards Act, 1890. There is no living parent of the minor and the Petitioners are the only persons who are having custody of the minors. There is no person to whom, in the opinion of the court, special notice of the application needs to be given.

3Accordingly, the notice is dispensed with and the guardianship petition is allowed by appointing the Petitioners as legal guardians of the persons and properties of the Master Pratham and Miss Hinnal.

Suryakant Narayandas and Komal Suryakant Bhadesia v. Pratham Amit Dodhiwala (Minor)

Case brief

What is this about?

What did the court decide?

Suryakant Narayandas and Komal Suryakant Bhadesia v. Pratham Amit Dodhiwala (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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