NAVIN Vs. PRADHANA

JUDGEMENT

(1.) This petition is filed by the uncle, aunt, paternal grandfather and paternal grandmother of the minor child Udit Sarawagi for declaration of the uncle and in the alternative of the paternal grandfather as the guardian in respect of the person and property of the minor child. It is also for injunction restraining the biological mother of the minor child (respondent) from disturbing the custody of the minor child with the petitioners.

(2.) The Family Court, Mumbai would have jurisdiction for declaration of the guardianship of the person of the minor child. However, the petitioners have shown certain properties of the minor child annexed to the petition being the mutual fund in ICICI Prudential and Life Insurance policy in respect of child Exh.D and D1 to the petition. Consequently this Court would have inherent jurisdiction to dispose of the petition (See the case of Girish J Bobade Vs. Ajay Thakur & Ors, 2006 2 AllMR 381).

(3.) The minor child was born to the respondent and her husband, one Sunil Sarawagi, since deceased. The respondent and her husband had an elder child born to them. That child has undergone certain medical treatment related to certain cardiac problem suffered by the child. A bypass surgery was undertaken. The husband of the respondent suddenly expired about 8 years ago. The respondent was then pregnant with the minor child. After the death of her husband and 7 days after the birth of the child the respondent admittedly handed over custody of the child to the petitioners.