Final Order 1

Order Details: Copy of Judgment
Pdf Text: Guardian Petition No.82/2020 1
Presented on : 23/11/2020
Registered on : 23/11/2020
Decided on : 03/03/2021
Duration : 00Y 03M 07D
IN THE BOMBAY CITY CIVIL COURT AT GREATER
MUMBAI
GUARDIAN PETITION NO.82 OF 2020
(CNR No.MHCC02-001972-2020)
In the matter of an application
under section 7 of the Guardian
and Wards Act, 1890 for
appointment of the petitioner for
the guardian of the person of
Miss. Ayesha Abdul Sameer
Baloch …. minor
Mr. Abdul Hamid Abdul Razak ]
Baloch ]
Aged:50 years, Occ: Business, ]
Indian Inhabitant of Mumbai ]
R/at: Flat No.101, 1st Floor, ]
Aradhana building Station road]
near HDFC Bank, Jegeshwari ]
(East), Mumbai-400 060. ] … Petitioner
Appearance:
Mr. Vijay Mishra, Ld. Advocates for the petitioner.
CORAM : H.H.THE ADDL. SESSIONS JUDGE
SHRI. MILIND V. KURTADIKAR
(C.R. No.17)
DATED : 03rd MARCH, 2021
(Dictated and Pronounced in Open Court)
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Guardian Petition No.82/2020 2
JUDGMENT
This is a petition for appointment of guardian of a
minor girl Miss. Ayesha Abdul Sameer Baloch under the
Guardian and Wards Act.
2. It is the case of petitioner that, his son Abdul Sameer
was married to Feroza Baloch and out of said wed-lock female
child Miss. Ayesha born on 26.09.2017. Abdul Sameer died on
23.05.2017 i.e. before the birth of minor child. After the birth
of Ayesha her mother left alone the minor child at matrimonial
house and never came back. Petitioner being grandfather of
Ayesha is looking for her maintenance and welfare. He has no
adverse interest against the child. Therefore, he may be
appointed as guardian of granddaughter Ayesha.
3. On such averment notice was issued in newspapers
calling objection if any to the prayer made in this petition. The
copies of newspaper dated 05.12.2020 are placed on record
below Exh-02. Till date no one has raised objection to the
claim made by the petitioner.
4. In support of application petitioner Abdul Hamid has
filed his afdavit stating that he has no adverse interest
against the child.
5. The birth certificate of child Ayesha is placed on
record showing her birth date as 26.09.2017. There is death
certificate of his father Abdul Sameer. Petitioner has filed
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Guardian Petition No.82/2020 3
afdavit at Exh-E stating that after the birth of Ayesha her
mother left her matrimonial house leaving behind daughter
Ayeshsa in the custody of petitioner and never returned back.
He did not know her where about. Similarly Abdul Aziz the
younger brother of petitioner filed afdavit at Exh-F stating
that whatsoever is averred in the petition is true and correct
and he has no objection for appointing petitioner as guardian
as minor.
6. So considering above submission I am of the opinion
that, there is no any impediment in allowing the petition as
prayed for. Petitioner being grandfather can be appointed as
a guardian of granddaughter Miss. Ayesha aged about 3 years.
Accordingly, the order.
ORDER
1. The Guardian Petition No.82/2020 is hereby allowed.
2. Petitioner Mr. Abdul Hamid Abdul Razak Baloch is hereby
appointed as guardian of the person of minor Ayesha Abdul
Sameer Baloch.
3. Guardian Petition No.82/2020 stands disposed of
accordingly.
Date:- 03.03.2021. (Milind V. Kurtadikar)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 03.03.2021
Transcribed on : 03.03.2021
HHJ signed on : 03.03.2021
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Guardian Petition No.82/2020 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
04.03.2021 11.14 p.m. Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.17)
Date of Pronouncement of
Judgement/Order.
03.03.2021
Judgement/order signed by
P.O on
03.03.2021
Judgement/order uploaded on 04.03.2021
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