Yunus Gulam Hussein Muchhala And Shirin Gulam Hussein Muchhala v. ..........................................

909-GP3-11.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIAN PETITION NO. 3 OF 2011 Yunus Gulam Hussein Muchhala & Anr.

...Petitioners

Mr. G.R. Mishra, for the Petitioners.

CORAM: G.S. PATEL, J.

DATED:

16th March 2016 PC:- 1.

The Petition is under the Guardians and Wards Act, 1890. The Petitioners seek to be appointed as guardians of a female minor child, Zahra, in place of her birth mother and natural guardian, Mrs. Tasneem Suratwala alias Cochinwala.

2.

On my oral direction, Mrs. Tasneem Suratwala alias Cochinwala was requested to remain present. She is personally present in Court today. She confirms to me that she has read and understood the Petition and accepts the prayer that is made. She also confirms that she is the birth mother of Zahra; that the minor's father died on 6th June 2000; and that during his lifetime both he and Tasneem executed a Deed of Adoption in respect of the minor on 14th October 1997 in favour of the present Petitioners. She confirms, too, that Zahra, from the age of nine months has being

909-GP3-11.DOC living with and has been brought up by the Petitioners, who she regards as her parents.

3.

In paragraph 7, the Petitioners state that they wish to send Zahra for further studies abroad. Anticipating complications in the documentation, since Zahra's birth certificate shows the name of her natural parents though all other documents show the name of the present Petitioners, this Petition has been filed. 4.

Given that the minor's natural mother is present in Court and has conveyed her acceptance of this leave, I can see no reason not to grant the Petition.

5.

The Petition is made absolute in terms of prayer clause (a), which reads as follows:- "(a) That the Petitioners be appointed as the Guardians of the minor Girl Miss Zahra in place of her natural guardian, i.e., Mrs. Tasneem Suratwala alias Cochinwala."

6.

I expect that the Petitioners may require certified copies of this order for production before various Authorities. Consequently, on the application of the Petitioners' Advocate, certified copies of this order are to be issued expeditiously and on priority basis out of turn. All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.)