Firozabegum D/O Salim Ahmed Abdul Shaikh v. Laik Ahmed Shaikh S/O Abdul Shaikh And 9 Others

902.gp.5.2018.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

GUARDIAN PETITION NO. 5 OF 2018 Smt. Ferojabegum wd/o Salim Ahmed Abdul Shaikh ...Petitioner vs Laik Ahmed Shaikh s/o Abdul Shaikh & Ors.

...Respondents.

.....

Mr A.Z.Mookhtiar for the Petitioner Mr Amey Deshpande a/w Ms Gauri Govande for the Respondents. Ms Ferojabegum wd/o Salim Ahmed Abdul Shaikh, petitioner, present in person.

.....

Digitally signed by Dhanappa I.

Koshti Date:

2019.06.14 18:41:47 +0530 Dhanappa I. Koshti CORAM : B. P. COLABAWALLA, J.

JUNE 14, 2019.

P.C. :

This Guardianship Petition has been filed by the petitioner under the provisions of the Guardians and Wards Act, 1890 (for short "said Act"). The petitioner is seeking a guardianship and custody of her minor son Moinuddin and who is currently 16 years old. This Guardianship Petition has been opposed by the respondents and more particularly respondent Nos.1,5 and 6. They have also filed an affidavit-in-reply opposing the grant of the reliefs in this petition. In paragraph 2 of the reply filed on behalf of respondent Nos.1,2,4,5,6,7,8 and 10 dated 4th April, 2019, an issue of jurisdiction is raised. It is stated that the minor child Moinuddin, after the Pg 1 of 2

902.gp.5.2018.doc demise of his father, was residing at Vasai with respondent No.1. Before that he was residing at Nalasopara with his father. In these circumstances, by placing reliance on the provisions of Section 9 of the said Act, it is contended that this Court has no jurisdiction to entertain the present petition.

On being confronted with this jurisdictional issue and after perusing Section 9 of the said Act, the learned advocate appearing on behalf of the petitioner, on instructions of the petitioner who is present in the court today, seeks leave to withdraw this Guardianship Petition with liberty to file a fresh petition in the appropriate District Court having jurisdiction as per Section 9 of the said Act.

In view of these instructions, this Guardianship Petition is dismissed as withdrawn with liberty as prayed. No order as to costs. ( B. P. COLABAWALLA, J. ) Pg 2 of 2