Mustafa Mohammadi Dholkawala v. Jumana Mustafa Dholkawala

901-GP9-18.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 9 OF 2018 WITH JUDGE'S ORDER NO. 65 OF 2018 Mustafa Mohammadi Dholkawala and Jumana Mustafa Dholkawala

...Petitioners

Versus

Jumana Mustafa Dholkawala

...Respondent

Mr Rakesh Kapoor, for the Applicant.

Mr O Hareendran, Scrutiny Officer, ICSW, is present. CORAM: G.S. PATEL, J DATED:

4th April 2018 PC:- 1.

The female minor, Mariya, is the biological daughter of Mrs Jumana Mustafa Dholkawala, the Respondent. Mariya was born on 24th May 2003 and is Jumana's child by her first marriage. The Respondent was divorced on 2nd June 2007 in Sri Lanka, of which country she is a citizen. A copy of her divorce decree is on record. Thereafter, the Petitioner and Respondent married on 25th February 2008.

2.

It is in these circumstances that the Petitioner, Mustafa, now presents this Petition to take in guardianship his wife's child by her 4th April 2018

901-GP9-18.DOC first marriage. The Respondent has consented. The 1st Petitioner is an Indian. The Respondent is a Sri Lankan national. Both reside in Panchgani in Satara District. They have been married now for 10 years and they have a biological son, Daniel. 3.

Having regard to the circumstances, I am inclined to allow the Petition. The documents are in order including the home study report, the child, health reports, financial documents and the reports by the social workers.

4.

I have seen the scrutiny report presented by Mr O Hareendran, Scrutiny Officer of the Indian Council of Social Welfare which is on record.

5.

In the circumstances of this case, I do not think there is a need or requirement for a deposit. I have, therefore, not imposed this condition.

6.

The Petition is allowed. The Judge's Order is separately signed.

(G. S. PATEL, J) 4th April 2018