Sonu Uogendra Jalan v. -

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.24 OF 2015 Sonu Uogendra Jalan ....Petitioner V/s.

Ms. Aliya Sonu Jalan alias Khan & Anr.

....Minors ---- Mr. Raphael D'souza for the petitioner.

---- CORAM : K.R.SHRIRAM,J DATE : 17th JANUARY, 2017 P.C.:- The petitioner is the father of two minor daughters Aliya Sonu Jalan alias Khan and Jia Sonu Jalan alias Khan born on 2nd July, 2001 and 2nd October,2007, respectively.

The petitioner was married to one Shagufta Khan (deceased) in a private ceremony on 14th February, 2000 but the marriage was not registered. It is stated that at the suggestion of the deceased the petitioner took the name of Majid Khan. The petitioner has also annexed to the petition a copy of the Gazette Notification confirming that the petitioner had changed his name to Sonu Yogendra Jalan. The children who were named Aliya Khan and Jia Khan also had their name changed to Aliya Jalan and Jia Jalan as per the Gazette Notification annexed to the petition.

2/3 The petitioner's deceased wife Shagufta Khan was unfortunately murdered on 11th November, 2014. A copy of the death certificate is annexed at Exhibit 'C' to the petition. The petitioner states that the deceased has left behind movable and immovable properties as mentioned in paragraph 6 of the petition. The petitioner is also the natural guardian of the two minors. In paragraph 11 of the petition the petitioner has stated that he has no interest adverse to that of the minors and in paragraph 12 of the petition the petitioner is seeking appointment as a guardian of the person and property of the said minors and to operate the bank accounts, including fixed deposits. The petitioner wishes to sell Flat No.C-64, Rustomjee Reviera CHS Ltd.

, Tank Road, Marve Road, Malad (West), Mumbai 400 064, which is in the name of the deceased and also undertakes to invest/reinvest the sale proceeds of Flat No.C-64, Rustomjee Reviera CHS Ltd., Tank Road, Marve Road, Malad (West), Mumbai 400 064 either in the minors' joint names or in the joint names of the petitioner and the minors.

3/3 minors.

As the petitioner is the father and natural guardian of the minors, I see no impediment in grant of relief as sought in the petition.

The petition is made absolute in terms of prayer clause - (b) which reads as under :

"(b) That the petitioner be appointed as guardian of the person and property of the minors (1) Ms. Aliya Sonu Jalan alias Khan and (2) Ms. Jia Sonu Jalan alias Khan without security." All concerned to act on a copy of this order duly authenticated by the Associate of this court. (K.R.SHRIRAM,J)