NIRALI MEHTA Vs. SURENDRAKUMAR SURANA

JUDGEMENT

(1.) Rule. Made returnable forthwith.

(2.) The Petitioner is the mother of the minor child Eklavya. The Petitioner is his guardian. The Petitioner and her husband have been divorced by mutual consent in MJP No. F 497/2010 filed in the Family Court at Bandra, Mumbai. The Petitioner's husband has given up custody and access to his child. He filed an affidavit in the Family Court on 27th September, 2010. Clause Nos.4 and 5 of the affidavit giving up his legal guardianship as also access and his visiting rights run thus : Clause 4 : I state that it is agreed between Petitioner No.1 and me that the permanent irrevocable custody and legal guardianship of the minor child Ekalavya shall remain with Petitioner No.1, even under changed circumstances, including in the event of her remarriage.

(3.) The Petitioner husband was the natural and legal guardian of the child. In his absence the Petitioner would be the natural and legal guardian of the child. (See Githa Hariharan Vs. Reserve Bank of India, 1999 AIR(SC) 1149)