IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GUARDIAN PETITION NO. 5 OF 2018
Smt. Ferojabegum wd/o Salim Ahmed Abdul Shaikh …Petitioner
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
I. Koshti Date: CORAM : B. P. COLABAWALLA, J.
JUNE 14, 2019.
This Guardianship Petition has been filed by the petitioner
under the provisions of the Guardians and SectionWards 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.
2 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
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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.
3 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
4 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dismissed as withdrawn with liberty as prayed.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. )
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