Bombay High Court
Steffi Genoveno Fernandes vs Chidambaram P. Sankaram on 1 February, 2024
Author: R.I. Chagla
Bench: R.I. Chagla
3-GPL-30186-23.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GUARDIAN PETITION (L) NO. 30186 OF 2023
Ms. Steffi Genoveno Fernandes ...Petitioner
Versus
Chidambaram P. Sankaram & Ors. ...Respondents
WITH
INTERIM APPLICATION (L) NO. 31480 OF 2023
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Mr. Rajendra Sarankar i/by Ketan Dabke for the Petitioner.
Ms. Susan Abraham a/w N.B. Suvarna and Ms. Poojashree Ganeshan
for the Respondent Nos. 2 to 4.
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CORAM : R.I. CHAGLA J
DATE : 1 February 2024
ORDER :
1. The learned Advocate appearing for the Respondent Nos. 2 to 4 in Guardianship Petition (L) No. 30186 of 2023 states that this Court by an order dated 19th January 2024 has allowed the relief sought for in the Miscellaneous Civil Application (St.) No. 287 of 2024 for transfer of the proceedings viz. CMA No. 301 of 2023 filed by the Respondent Nos. 2 to 4 herein from the District and Sessions Court, Thane to this Court. By the said order, this Court had directed 1/4 ::: Uploaded on - 02/02/2024 ::: Downloaded on - 22/02/2024 16:54:01 ::: 3-GPL-30186-23.doc the Registry to communicate the said order to the concerned Bench.
2. It is recorded in the said order that it was the contention of the learned Advocate appearing for the Applicant in Miscellaneous Civil Application (St.) No. 287 of 2024 that the Petition had been filed under Section 25 of the Guardians and Wards Act, 1890, which is pending before the Civil Judge, District and Sessions Court, Thane.
3. The learned Counsel appearing for the Respondent Nos. 2 to 4 in the above Guardianship Petition has submitted that pursuant to the said order dated 19th January 2024 (uploaded on 23rd January 2024), the record and proceedings were sent to the High Court, Decree Department (G.T. Hospital) and letter dispatched from the High Court, G.T. Hospital to District and Sessions Court, Thane for transfer of papers to this Court on 31st January 2024. The record and proceedings of CMA No. 301 of 2023 are awaited.
4. The learned Counsel appearing for the Petitioner in the above Guardian Petition has submitted that after the order of transfer was passed by this Court on 19th January 2024, the Respondent Nos. 2 to 4 obtained an amendment order in CMA No. 301 of 2023 passed 2/4 ::: Uploaded on - 02/02/2024 ::: Downloaded on - 22/02/2024 16:54:01 ::: 3-GPL-30186-23.doc by the District and Sessions Court, Thane on 23rd January 2024 as is borne out from the uploaded order bearing that date. He has submitted that the Respondent Nos. 2 to 4 in the Guardianship Petition ought not to have sought amendment of CMA No. 301 of 2023, particularly since these proceedings were ordered to be transferred. By the amendment of CMA No. 301 of 2023, the Petition filed under Section 25 of the Guardians and Wards Act, 1890 has been converted to a Petition filed under Section 7(1)(a) and (b) of the Guardians and Wards Act, 1890. Further, by way of the said amendment, relief is now sought for appointment of Respondent Nos. 2 to 4 who are the Petitioners in CMA No. 301 of 2023 as Guardian of the ward Yohan Johnny Sankaram. He has submitted that the Application for amendment has not been served on the Petitioner herein and the said order was passed behind her back.
5. The learned Counsel for Respondent Nos. 2 to 4 has disputed this position. She has tendered an original copy of the Application for amendment, wherein the learned Civil Judge of the District and Sessions Court, Thane in his handwriting and signed on 8th January 2024 allowed the amendment on the ground that it is technical in nature and that the other party to the Application had 3/4 ::: Uploaded on - 02/02/2024 ::: Downloaded on - 22/02/2024 16:54:01 ::: 3-GPL-30186-23.doc not appeared before the Court. The original Application bearing what is stated to be the handwritten order of the learned Civil Judge, District and Sessions Court, Thane is taken on record and marked "X" for identification.
6. Further, a copy of the order dated 23rd January 2024 of the Civil Judge, District and Sessions Court, Thane is taken on record and marked "Y" for identification.
7. This Court will consider whether the order allowing the amendment was passed prior to the transfer order or thereafter.
8. The Department is directed to follow up with the District and Sessions Court, Thane for having the papers and proceedings of CMA No. 301 of 2023 brought before this Court as per transfer order dated 9th January 2023, prior to the next date.
9. Considering that the record and proceedings of CMA No. 301 of 2023 is yet to be transferred to this Court, the Guardianship Petition is stood over to 8th February 2024.
[R.I. CHAGLA J.] 4/4 ::: Uploaded on - 02/02/2024 ::: Downloaded on - 22/02/2024 16:54:01 :::