Richard Carvalho v. Jasmine Carol Carvalho ```

923-GP33-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 33 OF 2017 Richard Carvalho

...Petitioner

And Jasmine Carol Carvalho ...Minor Mr Ivor D'Cruz, with Rajesh Machado & Payal D Kundu, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

1st March 2018 PC:- 1.

This is an unusual Guardianship Petition. I will accept it. The Petitioner is the Godfather of one Jasmine Carol Carvalho. Jasmine is today a major. She is born on 10th September 1995. The Petitioner does not know who her biological parents were. Jasmine was first an inmate of the Missionaries of Charity Orphanage at Church Road, Vile Parle (West), Mumbai 400 066. When she was less than three years old, she was taken in guardianship by one Clotilda Carvalho who applied for such an order in Miscellaneous Petition No. 60 of 1987 after Clotilda's husband Stanley passed away. That Petition was allowed. Clotilda and Jasmine lived together at Flat No. 5, A Wing, 2nd Floor, Mukund Nagar, MV Road, Andheri (East), Mumbai 400059.

1st March 2018

923-GP33-17.DOC 2.

Clotilda Carvalho died on 15th May 2005. All these orders and death certificates are annexed. Since then, it is the Petitioner who as Jasmine's godfather is looking after Jasmine. It appears from her clinical and psychological assessment, that though 32 years old, Jasmine has severe intellectual development impediments and requires not just help monitoring but special care and attention. Hence, this Petition.

3.

On the previous occasion, I asked Mr D'Cruz to carry out an amendment, which he has done. Having heard him and having considered the documents on record as also the Affidavit filed by the Petitioner at page 18, I am inclined to allow the Petition. 4.

The Petition is made absolute in terms of prayer clause (a). No costs.

(G. S. PATEL, J) 1st March 2018