SHAKUNTALA T SONAWANE Vs. NARENDRA A KHAIRE

JUDGEMENT

(1.) HEARD both sides.

(2.) THIS petition for appointment as the Guardian of minor Aniruddha son of Narendra and Alka Khaire and his property without security and without remuneration, is filed by his real maternal grand mother (petitioner herein), under the provisions of Guardianship and Wards Act, 1890.

(3.) BRIEFLY stated, the respondent and Alka (daughter of petitioner) got married on 19-4-1994 at Mumbai. Out of the said wedlock minor Aniruddha was born on 29-1-1995. However, even before the birth of Aniruddha, said Alka, parted his company due to unpalatable relations with her husband (respondent herein), and started staying with her parents, namely, the petitioner and her husband. During the stay with her parents, minor Aniruddha was born on 29-1-1995. On that very day, the respondent had instituted divorce proceeding in the Family Court at Bandra, Mumbai on the ground of cruelty and desertion. During the pendency of the said proceeding, the custody of the minor Aniruddha remained with the wife Alka, who was staying with the petitioner and her family. It is common ground that Alka died on 10-2-2000. According to the petitioner, she was set on fire by the respondent and a criminal case in that behalf has been instituted against the respondent. Whereas, according to the respondent, Alka committed suicide in the presence of her parents. It is however, not necessary to elaborate on this aspect for deciding the present petition. Suffice it to point out that, while the said Alka was alive and even after her death the minor Aniruddha was and is being looked after by the petitioner and her family members. It appears that the respondent filed application before the Family Court for custody of the minor Aniruddha and the said proceedings are still pending. Whereas, the present petition has been instituted by the petitioner who is the real maternal grand mother of minor Aniruddha, sometimes in October, 2001 for the following reliefs: