Final Order 1

Order Details: Copy of Judgment
Pdf Text: Guardian Petition No.72/2020 1
Presented on : 28/10/2020
Registered on : 28/10/2020
Decided on: 19/12/2020
Duration : 00Y 01M 21D
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
GUARDIAN PETITION NO.72 OF 2020
(CNR No.MHCC02-004645-2020)
In the matter of section 151 of
Civil Procedure Code
And
In the matter of section 26 of
Guardian and Ward Act 1890.
Sneha Karthik ]
For her Minor Daughter ]
Gayatri Karthik ]
Aged about 30 years, ]
Occupation: Housewife, ]
R/at: A/301, Silver Oak, ]
Hiranandani Gardens, ]
Powai, Mumbai-400067. ] … Petitioner
Appearance:
Mr. A.M. Waradkar i/b Adv. Akash Kotecha, Ld. Advocates for
the petitioner.
CORAM : H.H.THE ADDL. SESSIONS JUDGE
SHRI. MILIND V. KURTADIKAR
(C.R. No.17)
DATED : 19th DECEMBER, 2020
-- 1 of 5 --
Guardian Petition No.72/2020 2
(Dictated and Pronounced in Open Court)
JUDGEMENT
Petitioner the biological mother of girl child has fled this
petition under section 26 of the Guardians and Wards Act for
permission to allow the petitioner to remove the girl child from
India to Australia permanently.
2. It is her case that petitioner Sneha Karthik is the
biological mother of girl child Gayatri Karthik aged about 13
years. She is the biological child of petitioner and her ex-
husband Chetan Satish Choudhary. As per decree of Civil
Court by consent petitioner and ex-husband became separate
and petitioner got permanent custody of girl child. She is
living with petitioner and petitioner is taking care of her.
Thereafter petitioner got married with Karthik Shrinivasan. By
way of Adoption deed present husband has adopted the girl
child. Her ex-husband has given consent for said adoption.
Based on the adoption deed by way of gazette notifcation
the name of girl child is changed. The husband of petitioner is
Overseas Citizen of India and Australian Citizen and the
applicant and her daughter wants to travel and cohabit with
him permanently. Hence they have applied for Australian
permanent residency application. However as per section 26
of Guardians and Wards Act permission of Court is necessary
for removal of ward out of country. Hence this application.
3. Accordingly public notice was issued in newspapers
-- 2 of 5 --
Guardian Petition No.72/2020 3
for calling objection of if any. By way of service afdavit
Exh-02 the Ld. Counsel for petitioner has produced the copy of
newspaper on record. No one has raised objection for the
prayer made by petitioner.
4. Petitioner Sneha Karthik has fled her supporting
afdavit along with application itself in support of contention
raised in the petition. She has also produced relevant
documents along with application. She has produced the copy
of consent decree dated 20.02.2013 of Thane Court whereby
the marriage in between petitioner Sneha and her ex-husband
Chetan is dissolved. There is certifcate of registration of
marriage in between petitioner Sneha and her new husband
Karthik. So also there is copy of adoption deed dated
16.10.2017 whereby husband Karthik has adopted minor girl
Gayatri. The copy of gazette notifcation is also on record.
5. The copy of request letter by the immigration
department of Australia government is placed on record. One
of the condition is of Court order for permission to travel and
live in Australia permanently. So also as per section 26 of the
Guardians and Wards Act for removal of ward out of Country
Court permission is necessary. Therefore in view of above
observations I am of the opinion that there is no any
impediment in granting the permission the asked for. The
petitioner can be allowed to travel/take the girl child Gayatri
with her to Australia permanently. Accordingly the order.
-- 3 of 5 --
Guardian Petition No.72/2020 4
ORDER
1. The Guardian Petition No.72/2020 is hereby allowed.
2. Under section 26 of the Guardians and the wards Act
Petitioner Sneha Karthik is hereby allowed to remove her
minor daughter namely Gayatri Karthik to Australia
permanently.
3. Guardian Petition No.72/2020 stands disposed of
accordingly.
Date:- 19.12.2020. (Milind V. Kurtadikar)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 19.12.2020
Transcribed on : 22.12.2020
HHJ signed on : 23.12.2020
-- 4 of 5 --
Guardian Petition No.72/2020 5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
28.12.2020 01.13 p.m. Sanjay Baliram Kaskar
(Stenographer Higher Grade)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.17)
Date of Pronouncement of
Judgement/Order.
19.12.2020
Judgement/order signed by
P.O on
23.12.2020
Judgement/order uploaded on 28.12.2020
-- 5 of 5 --