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Umesh Rajnath Sharma vs Chanda Umesh Sharma on 1 October, 2018

3-GP40-15.DOC

Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GUARDIANSHIP PETITION NO. 40 OF 2015

Umesh Rajnath Sharma …Petitioner
Versus
Chanda Umesh Sharma …Respondent

Mr Omprakash A Pandey, for the Petitioner.

CORAM: G.S. PATEL, J
DATED: 1st October 2018
PC:-

1. This is a contest between husband and wife, Umesh and
Chanda. They have two sons. Ankush is the elder and Abhay is the
younger. Ankush is in Court before me today. He lives with Umesh,
the Petitioner-husband. He is about eight years old. The younger
son, Abhay, is said to be with the Respondent, his mother, Chanda.
The notice sent to her has been returned unserved.

2. The Petition seeks an order that the Petitioner-father should
be appointed a guardian of both sons Ankush and Abhay. Prayer
clause (c) is for a direction to forcibly hand over the custody of the
second son, Abhay, to Umesh.

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1st October 2018

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3-GP40-15.DOC

3. I am not prepared to make orders of forcible custody like this.
A notice under Section 11 of the Guardians and Wards Act cannot
be dispensed with. I will require a publication in regard to the
second son, Abhay.

4. So far as Ankush is concerned, there is no difficulty in
declaring the Petitioner as his guardian. In fact, the Petitioner is the
father and one of the natural guardians of Ankush. Custody of
Ankush is not to be taken from the Petitioner without a specific
order of this Court obtained after at least four weeks’ prior written
notice to Mr. Pandey who is on record for the Petitioner.

5. So far as the second son, Abhay is concerned, nobody knows
his address. The mother has not been served. I am not making an
order of forcible guardianship or custody without first meeting the
minor and satisfying myself that such an order should be made.

6. Therefore, as regards the prayer in respect of the second
minor, Abhay, liberty to the Petitioner to apply. The Guardianship
Petition is disposed of in these terms.

(G. S. PATEL, J)

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