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Bombay High CourtJO/91/2018disposed off

Salvador Dias v. Laxmi Maroti Gunjal

2018-04-25Hon'Ble Shri Justice G.S. Patel2 pages

901-IGP13-18.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INDIAN GUARDIANSHIP PETITION NO. 13 OF 2018 WITH JUDGE'S ORDER NO. 91 OF 2018 Salvador Dias and Antonieta Dias

...Petitioners

Versus

Laxmi Maroti Gunjal

...Respondent

Mr Rakesh Kapoor, for the Petitioners.

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

25th April 2018 PC:- 1.

The Indian Guardianship Petition relates to a male minor, Samuel, who was born on 2nd September 2017 to the Respondent Laxmi Maroti Gunjal in Mumbai. She relinquished the child to the Petitioners, to whom she knew at the minor's birth saying that the he was born to unmarried parents and that as the sole guardian she was unable to raise the child. There was also no other relative willing to do so. The biological mother's Consent Affidavit is on record. The birth certificate shows the name of the biological parents. The Petitioners are 59 and 58 years old respectively. They have been married for last 14 years but have no children of their own. The first Petitioner had a previous marriage and has a 25th April 2018

901-IGP13-18.DOC biological daughter today aged 26 from that marriage. He is divorced. A copy of Divorce Decree is on record. The first Petitioner, father works as a Senior Executive Secretary with a private company and has a gross monthly salary above Rs.60,000/-. 2.

The documents annexed to the Petition are in order, including the home study report, the child care arrangement plan, health reports, financial documents and the reports by the social workers.

3.

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

4.

Having regard to these circumstances and since I am satisfied that an order of guardianship is manifestly in the interest of minor, I will allow the Petition. The Judge's Order is separately signed. (G. S. PATEL, J) 25th April 2018