LOUELLA FERNANDES Vs. RAJAN CHAWLA

JUDGEMENT

(1.) These Appeals arise from a judgment of a Learned Single Judge on two petitions for guardianship filed under the Guardians and Wards Act 1890. The Appellants before the Court are the father (Lisbon John Miranda) and paternal aunt (Louella Wilson Fernandes) of the minor child Angelina.

(2.) The parents of the minor, Lisbon and Bindiya married on 5 October 2008. Lisbon is a Roman Catholic. Bindiya was a Hindu belonging to the Sindhi community. Angelina was born on 13 March 2009. A residential flat being 401 Neelgagan at D.N. Nagar, Andheri (West), Mumbai was purchased on 29 February 2012. The mother of the minor died an unnatural death on 25 May 2012. The father was arrested and has been charged of the offence of murder under Section 302 of the Penal Code and of an offence under Section 498A. Bail has been denied to him. Angelina who was living with her parents and was three years old when her mother died has since then been in the care of her maternal grandparents who reside in Mumbai. On 18 July 2012 the maternal grandfather filed a guardianship petition before this Court seeking appointment as guardian of the person and properties of Angelina. The petition was served on the father of the minor in jail on 12 September 2012. He filed a reply opposing the Guardianship Petition. On 26 November 2012 when the petition of the grandfather came up before the Learned Single Judge another petition by a paternal aunt (father's sister), Louella was filed before the Learned Single Judge. Both the Petitions were heard together.

(3.) The Learned Single Judge by a judgment dated 6 December 2012, which is impugned in these proceedings, held that having due regard to the provisions of Section 17 of the Guardians and Wards Act 1890, guardianship should be granted of the person and property of the minor to the maternal grandfather. The Single Judge has considered each of the circumstances which is required to be borne in mind under Section 17 including, in a paramount sense, the welfare of the child.