Rajesh Naginlal Katargamia And ANR v. Abdurrehman Islam And 2 ORS.

923-GP-5-2011.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 5 OF 2011 Rajesh Naginlal Katargamia and Another

...Petitioners

Versus

Abdurrehman Islam and others

...Respondents

None for the Petitioners.

Mr. Saeed Akhtar, with Khushnood Akhtar and Hitesh Thorat for the Respondents.

CORAM: G.S. PATEL, J DATED:

22nd November 2016 PC:- 1.

This Petition must be dismissed, and for more than one reason. The first reason is that the minor in question attained majority on 12th May 2016. There can be no question of allowing the guardianship Petition. In any event the 1st Respondent is the minor's birth father and he is thus the natural guardian of the minor. The Petition is brought by the then minor's maternal uncle (the deceased birth mother's brother) and the then minor's paternal grandfather's brother-in-law, the 2nd Petitioner. On the face of it no application by these persons could be maintainable as against Respondent No.1. Third, none appears for the Respondents. 2.

The Petition is dismissed. No costs.

(G. S. PATEL, J.) 22nd November 2016