RITA D’SOUZA Vs. CHRISTOPHER DIAGO ZUZARTE

JUDGEMENT

(1.) By this Guardianship Petition, the Petitioner is seeking direction that the Petitioner is true and lawful guardian of minor child Gabriel. The Petitioner has referred to certain events which have transpired on the birth of the minor child Gabriel and has relied upon the report of the Doctor of Wadia Hospital who according to the Petitioner deemed it fit to handover the minor child Gabriel to the Petitioner with the consent of his biological parents and upon the Petitioner taking responsibility for the child. Annexed at Exhibit A is the report of the Dr. Wadia Hospital along with discharge card.

(2.) The Petitioner has submitted that she is in a better position to take care of the welfare of the minor child Gabriel and has been doing so ever since the birth of the minor Gabriel who was brought to the house of the Petitioner from the hospital upon his discharge. The Petitioner has referred to the medical condition of Respondent No.2 coupled with the fact that the Respondents are not in a financial condition to take care of the minor child Gabriel. The Petitioner has further stated that the Respondents had for a short while after the birth of Gabriel stayed at the house of the Petitioner. However, due to the inconvenience caused to the Respondents in travelling from Mira Road to Parel for the treatment and constant follow-up of Respondent No.2, the Respondents left the house of the Petitioner, leaving Gabriel with the Petitioner for being looked after. All expenses incidental to Gabriel's upbringing in the last two years were at all times borne by the Petitioner.

(3.) The Petitioner has referred to a certain police complaint made by the Respondent No.1 on 11/3/2021 against the Petitioner filed at the Bhoiwada Police Station, Parel alleging that the Petitioner had forcefully abducted Gabriel from his biological parents i.e. the Respondents without their consent and was illegally retaining the custody of Gabriel and the Respondent No.1 wanted the custody of his son back. Annexed at Exhibit D to the Petition is a copy of the statement of Respondent No.1 filed with the Bhoiwada Police Station, Parel.