Pooja Bhupinder Chugh v. Samarth Ankit Chugh And Sidak Ankit Chugh(Minor)

3- GP 9 of 2019 Vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIAN PETITION No. 9 OF 2019 Pooja Bhupinder Chugh

...Petitioner

Vs.

Samarth Ankit Chugh & Anr.

...Minors ----- Ms. Priya Bombade a/w. Mr. Vedang Mehta i/b. Deven Dwarkadas & Partners for Petitioner ----- CORAM :

B.P. COLABAWALLA, J.

DATE :

AUGUST 16, 2019 P.C.:

1.

I heard the Learned Advocate appearing on behalf of the Petitioner. The Petition is accepted and Notice under Section 11 of The Guardians and Wards Act, 1890 is dispensed with. 2.

This Guardian Petition has been filed by the Petitioner, who is the Grandmother of the minors, aged 4 and 7 years respectively. The parents of the minors namely Mr. Ankit Bhupinder Chugh and Mrs. Sunjana Ankit Chugh died at Mumbai on 23rd December, 2018 (for short "the deceased"). Copies of their death certificates are also on record at Exhibit 'A'. It is stated in the petition that the said minors are in the care and custody of their grandparents i.e. the Petitioner and her husband. Since no guardian of the said minors has been appointed by the Court, the present Guardian Petition is filed.

3.

The said minors namely Mast. Samarth Ankit Chugh born on 6th February, 2012 and Mast. Sidak Ankit Chugh born on 26th

3- GP 9 of 2019 October, 2014, are the two grandchildren of the Petitioner and her husband. Considering that the said minors are in the care and custody of the Petitioner and her husband and who are grandparents of the said minors, I do not find any impediment in allowing this Guardian Petition.

4.

In these circumstances, the above petition is allowed in terms of prayer clauses (a) and (b), which read thus: "(a) That notice under section 11 of The Guardians and Wards Act, 1980 may be dispensed with.

(b) That the Petitioner be appointed as the Guardian (without security and without remuneration) of the person of the above mentioned minor/s."

5.

The Guardian Petition is accordingly disposed of. 6.

No order as to costs.

[B.P. COLABAWALLA, J.] V.A. Tikam