Bombay High Court
Steffi Genoveno Fernandes vs Chidambaram P. Sankaram on 4 January, 2024
Author: R.I. Chagla
Bench: R.I. Chagla
17-GP(L) 30186.2023.doc
Kavita S. J.
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.21480 OF 2023
IN
GUARDIAN PETITION (L) NO. 30186 OF 2023
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Mr. Rajendra Sorankar i/by Ketan Dabke for the Petitioner.
Mr. Abhijit Desai for the Respondent No. 1.
Ms. Susan Abraham a/w Ms. N.B. Suvarna and Ms. Poojasri
Ganeshan for the Respondent Nos. 2 to 4.
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CORAM : R.I. CHAGLA, J.
DATE : 4TH JANUARY, 2024.
ORDER :
1. The learned Counsel appearing for the Applicant/Original KAVITA SUSHIL JADHAV Respondent Nos.2 and 4 has tendered Affidavit of Access of the said Digitally signed by KAVITA SUSHIL JADHAV Date:
2024.01.08 18:44:20 minor. The Respondent Nos. 2 and 4 were allowed access to the said +0530 minor by order dated 14th December, 2023 for the Christmas day.
Paragraph 2 of the said order was modified by subsequent order 1/5 ::: Uploaded on - 08/01/2024 ::: Downloaded on - 03/02/2024 03:18:47 ::: 17-GP(L) 30186.2023.doc dated 21st December, 2023.
2. The learned Counsel appearing for the Applicant/Original Respondent No.2 and 4 has stated that by the said orders, the Applicants were permitted to take the said minor accompanied by the Petitioner's mother on Christmas day from the Petitioner's residence to their home in Mumbai to spend time with the minor between 5 p.m. to 7 p.m. and thereafter to bring back the minor to the original Petitioner's residence on the same day.
3. The learned Counsel for the Applicant/Original Respondent Nos. 2 and 4 has referred to the Paragraph marked as 'C' Christmas visit of the said Affidavit, wherein it is mentioned that the Applicants had asked the original Petitioner/Respondent herein to allow the said minor to accompany the Applicant but the Respondent mentioned that "let him do as per his wish". She has stated that this is in violation of said order dated 14th December, 2023, as amended by order dated 21st December, 2023. The Respondent had agreed for the said minor to accompany the Applicants for two hours from 5 p.m. to 7 p.m. It is further stated in the said Paragraph that after the Respondent herein left the room, the said minor came and sat with 2/5 ::: Uploaded on - 08/01/2024 ::: Downloaded on - 03/02/2024 03:18:47 ::: 17-GP(L) 30186.2023.doc the Applicants for a few minutes inside the house. However, the Respondent upon returning told the said minor not to talk with the Applicants and he stopped talking to them. There are photographs which are annexed at Exhibit-B to the said Affidavit.
4. The learned Counsel for the Applicants has stated that the Respondent is coming in the way of the access which the Applicants have been granted of the said minor.
5. This has been disputed by the learned Counsel for the Respondent who has placed reliance upon the CCTV Footage in order to show that the said minor is not interested in interacting with the Applicants as indicated in the CCTV Footage.
6. The learned counsel appearing for the Respondent No.1 in the original Guardianship Petition who is the grandfather of the said minor and father of the deceased father has tendered an Affidavit dated 31st October, 2023 which is taken on record. In the said Affidavit there is a no objection Affidavit annexed at Exhibit-A to the said Affidavit, wherein he has stated that he has given unconditional no objection in favour of the original Petitioner/Respondent herein to be the legal guardian of the said minor i.e. his grandson and to 3/5 ::: Uploaded on - 08/01/2024 ::: Downloaded on - 03/02/2024 03:18:47 ::: 17-GP(L) 30186.2023.doc take care of the minor's well-being.
7. Considering that in the prayers of the original Guardian Petition, there are certain directions which have been sought including directions in prayer Clause 'e' with regard to initiation of insurance claim, all service benefit, PPF, Gratuity and other statutory claims for and on behalf of said minor by the Petitioner upon being appointed as Guardian with Respondent No.5 and / or any other authorities or Court of law, it would be necessary to hear the Guardianship Petition. The Applicants, have filed a Transfer Petition before this Court seeking transfer of the Civil Miscellaneous Application No.301 of 2023 under Section 25 of the Guardians and Ward Act, 1890 from the Thane District Court to this Court and which Transfer Petition is stated by the learned Counsel for the Applicants to be moved on 8th January, 2024. In the event the Transfer Petition is allowed, the Civil Misc. Application No.301 of 2023 shall also be placed alongwith the Guardian Petition (L) No.30186 of 2013 on the next date.
8. The matter shall be listed on 11th January, 2024 at 10.30 a.m. 4/5 ::: Uploaded on - 08/01/2024 ::: Downloaded on - 03/02/2024 03:18:47 ::: 17-GP(L) 30186.2023.doc
9. Prior to the next date, the Advocates for the original Petitioner shall take steps to have the Guardian Petition finally numbered.
10. The Department shall in the event objections had been removed, number the Guardian Petition.
11. This order shall be served on Respondent No.5 in the Guardian Petition by the Advocate for the original Petitioner.
12. Hamdast is allowed.
[R.I. CHAGLA, J.] 5/5 ::: Uploaded on - 08/01/2024 ::: Downloaded on - 03/02/2024 03:18:47 :::