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Judgments of Supreme Court of India and High Courts

Firozabegum D/O Salim Ahmed Abdul … vs Laik Ahmed Shaikh S/O Abdul Shaikh … on 14 June, 2019

902.gp.5.2018.doc

dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.

GUARDIAN PETITION NO. 5 OF 2018

Smt. Ferojabegum wd/o Salim Ahmed Abdul Shaikh …Petitioner
vs
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
in person.
Digitally …..
signed by
Dhanappa I.
Dhanappa Koshti
I. Koshti Date: CORAM : B. P. COLABAWALLA, J.

2019.06.14
18:41:47
+0530
JUNE 14, 2019.

P.C. :

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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902.gp.5.2018.doc

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

said Act.

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dismissed as withdrawn with liberty as prayed.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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