Amrish Ramanlal Modi v. Gitaben Modi And 2 ORS.

11.gp.14.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 14 OF 2017 Mr.Amrish Ramanlal Modi .. Petitioner Vs.

1. Mrs.Gitaben Modi & Ors.

.. Respondents Mr.Aditya Khandeparkar a/w. Mr.Satchit Bhogle i/b Hariani & Co. for petitioner.

CORAM : K.R.SHRIRAM, J.

DATE : 3RD MAY, 2017 P.C.

This Guardianship Petition has been filed in somewhat tragic circumstances. The minor Aariv Modi born on 19th July 2014 is the son of one late Ritesh Amrish Modi and Mrs.Brinda Ritesh Modi (Parents). The Parents of the minor died in a helicopter accident on 11th December 2016. Apart from the parents, there are few others who also died in the accident. The petitioner is the paternal grand father of the minor Aariv and the petition is filed for appointing the petitioner as guardian of the person and property of the minor child Aariv Modi. Respondent No.1 is the wife of the petitioner and grand mother of the minor Aariv. Respondent Nos.2 and 3 are the maternal grand parents of the minor Aariv. All four, viz., the petitioner and the three respondents are present in Court. The respondents have filed separate consent affidavits and they are at Exhs.'I', 'J' and 'K' to the petition. Shraddha Talekar PS 1/2

11.gp.14.2017.doc In view of the consent affidavits filed by the respondents, who are the only persons who could have an objection, I see no impediment to the grant of relief as prayed in the petition.

The petition is allowed in terms of prayer clause (a) which reads as under :

(a) This Hon'ble Court, in exercise of the jurisdiction conferred upon it, be pleased to appoint/declare the petitioner as guardian of the person and property of the minor child Aariv Mody.

The petition accordingly disposed.

All concerned to act on a copy of this order authenticated by the Associate of the Court.

(K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2