GUARDIANSHIP Vs. ZAYEED PHARUKH

JUDGEMENT

(1.) BY the present petition, the petitioner Nos. 1 and 2 seeks relief that they should be declared as guardians of the wards viz. Faraz (formerly known as Sohail ). The petitioner Nos. 3 and 4 are the natural guardians viz. the mother and the father. The child is born on 2-5-2004 and thus, is about six months of age, The petitioner Nos. 3 and 4 have also other three children known as daughter Roobina, who is around 12 years old, son Farook, who is about 10 years old, another son Iqbal, who is around 5 years old.

(2.) THE petitioners Nos. 1 and 2 are residing at Houston Texas in the United states of America. The petitioner No. 1 is a citizen of India and the petitioner no. 2 is the citizen on United States of America. They are both husband and wife. According to the petitioner, the petitioner Nos. 1 and 2 are wealthy having assets of about US $4,000,000. The petitioner No. 2 is a qualified bachelor of Business Management. According to the petitioner, they are desirous of adopting a child since they are without any issue and the petitioners Nos. 3 and 4 have given their consent that the child viz. Faraz should be adopted by the petitioner Nos. 1 and 2. In paragraph 4 of the petition, it has been inter alia stated that the petitioner No. 3 is a labourer who does household chores and the petitioner No. 4 is a housewife. They are both illiterate and they have a very low income and are not in a position to maintain their newly born child. On the basis of the aforesaid averments, the petitioners Nos. 3 and 4 are supporting the petitioner Nos. 1 and 2 for being appointed as a guardian.

(3.) THE learned Counsel for the petitioner has stated that this appointment of the guardian is a step towards ultimately adoption of the said child by the petitioner Nos. 1 and 2. According to him, under the Canadian Law unless the parents are appointed first as the guardians, it is not possible for them to adopt the child and, therefore, the present petition is filed as a step towards ultimate adoption of the newly born child.