Single judge disposed of a writ petition challenging the addition of a minor as a non-applicant in custody proceedings under the Guardians and Wards Act. The court held presence of the minor is necessary for effective care determination and dismissed the petition.
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2023:BHC-NAG:17241
47wp1950.2023..
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 1950 OF 2023
(Supriya w/o. Mayank Yadav...Vs.. Mayank s/o. Chandrashekhar Yadav)
Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.
********************************************************************* Mr. S. Ghate, counsel for petitioner. Mr. M. Rai, counsel for respondent.
CORAM : AVINASH G. GHAROTE, J. DATE : 14-12-2023
Heard learned counsel Mr. Ghate for the petitioner. The petition questions the order dated 23.2.2023, whereby the minor daughter Samira has been permitted to be added as the non-applicant 2 through her mother the non applicant 1. Learned counsel Mr. Ghate submits that such a course of action was not permissible, as a minor, according to his contention, could not be added as non applicant in proceedings.
47wp1950.2023..
welfare of the minor into account. It is therefore, necessary for passing an effective order that the minor is a party to the proceedings. I therefore, do not see any reason to interfere the impugned order. The petition therefore, dismissed. No costs.
[AVINASH G. GHAROTE, J]
Belkhede
1 issue framed by the court
Whether a minor can be added as a non-applicant in custody proceedings under the Guardians and Wards Act without presence.
Supriya w/o. Mayank Yadav
Mayank s/o. Chandrashekhar Yadav
Avinash G. Gharote
As recorded by the court registry
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