Final Order 1

Order Details: Copy of Judgment
Pdf Text: Presented on : 12/01/2018
Registered on : 13/03/2018
Decided on : 21/02/2019
Duration : 01Y 01M 09D
Exhibit: 5
IN THE CITY CIVIL COURT FOR GREATER BOMBAY, BOMBAY.
GUARDIANSHIP PETITION NO.69 OF 2018
(CNR NO.: MHCC010005632018)
Mehmood Baboo Khan ] PETITIONER
Aged: 62 years, Occ.: Business, ]
R/o.: 17/18C Hussain Colony, 2 nd Floor, ]
Dargha Street, Makdoom Shah Baba Dargha,]
Mahim, Mumbai – 400 016. ]
V/s.
1. Mhod. Maaz Maksood Khan ] RESPONDENTS
Aged: 12 years, Occ.: Student, ]
2. Mohd. Arafaat Maksood Khan ]
Aged: 10 years, Occ.: Student, ]
3. Mohammed Saib Maksood Khan ]
Aged: 7 years, Occ.: Student, ]
All R/o.: Room No.16, Hussain Colony, ]
2nd Floor, Dargha Street, Makdoom ]
Shah Baba Dargha, Mahim, ]
Mumbai – 400 016. ]
Through their natural guardian(Mother)]
4. Kausar Sabin Musaif Shaikh ]
Aged: 32 years, Occ.: Housewife, ]
R/o.: S.H. Compound, Chawl No.5, ]
Room No.37, Bandra (West), ]
Mumbai – 400 050. ]
APPEARANCE:
Mr. Sanjeev Mishra, Advocate for the Petitioner.
None for Respondents.
PETITION UNDER SECTION 8 OF THE GUARDIANS AND WARDS
ACT, 1890
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CORAM : SHRI S.V. YARLAGADDA, JUDGE.
(Court Room No.54)
DATE : 21st February, 2019.
ORAL ORDER
(Dictated and pronounced in open Court)
The petitioner is paternal grandfather of respondents no.1
to 3. Respondent no.4 is the mother of respondents no.1 to 3. The
petitioner came with a case that respondent no.4 was married to his son
Maksood Khan on 29.04.2004 as per the Muslim religious rites.
Maksood Khan died on 06.03.2015. Till then, he alongwith the present
respondents resided with the petitioner. After death of Maksood Khan,
respondent no.4 on 01.12.2017 remarried with one Musaif Ayaz
Shaikh. Now they are residing separate from the petitioner. She
executed an affidavit in favour of the petitioner, relinquishing her rights
and surrendering her share in favour of her sons i.e. respondents no.1 to
3. In these circumstances, the petitioner is seeking his appointment as
guardian of respondents no.1 to 3.
2. The notice of the petition was served on respondent no.4.
She did not turn up. I personally interviewed respondents no.1 to 3 in
my chamber. I gathered from their interaction that they are happy to
reside with the petitioner. They told that they visit their mother i.e.
respondent no.4 frequently and recently they visited during the last
Diwali. Therefore, I am satisfied that it is for the welfare of the
respondents no.1 to 3 to appoint the petitioner as their guardian as
provided under section 7 of the Guardians and Wards Act, 1980.
Hence, the following order is passed.
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FINAL ORDER
The petitioner Mehmood Baboo Khan, aged about 62 years, is
appointed vide Section 7 of the Guardians and Wards Act,
1890 as guardian of his grand children (1) Maaz Maksood
Khan –born on 19.05.2005, (2) Arafaat Maksood Khan –born
on 13.01.2007 and (3) Mohammed Saib Maksood Khan –born
on 28.10.2010.
The petition is allowed and disposed off accordingly.
(S.V. YARLAGADDA)
Judge
City Civil Court,
Date: 21/02/2019. Greater Bombay.
Order Dictated on : 21/02/2019
Transcribed on : 22/02/2019
Signed on : 22/02/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
22/02/2019 at 5.40 p.m. BHARAT KASHINATH GAIKWAD
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.V. YARLAGADDA
(Court Room No.54)
Date of pronouncement of Order 21/02/2019
Order signed by P.O. on 22/02/2019
Order uploaded on 22/02/2019
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