GIRISH J BOBADE Vs. AJAY THAKUR

JUDGEMENT

(1.) This petition is filed under section 11 of the guardians and Wards Act, 1890. The petitioner is seeking guardianship of his minor daughters who are in the custody of their mother, the petitioner's wife. The question which has arisen in this petition is whether such petition is maintainable before this Court in view of the provisions of the Family Courts Act, 1984 and the judgment of the Full Bench of this Court in the case of Romila Jaidev Shroff vs. Jaidev Rajnikant Shroff, 2000 (3) Mh. LJ. (FB) 468 = II (2000) DMC 600 (FB).

(2.) Since this is an important question of law which would affect several matters, I requested the learned Advocate General to address the Court. He has brought to my notice various provisions of law which have enabled me to deliver this judgment. Ms. Swati Deshpande, who was appointed as amicus curiae has also rendered able assistance in the matter. I am grateful to both the learned advocate General as well as Ms. Swati Deshpande for their valuable assistance in the matter.

(3.) The petitioner has sought guardianship of the person and property of his minor daughters Divya and Priya. Respondent No. 1 to the Petition is a family friend of the petitioner. Respondent No. 2 is the wife of the petitioner. Respondent Nos. 3 and 4 are the father and brother of respondent No. 2. According to the petitioner, respondent Nos. 3 and 4 have abetted with respondent No. 1 and kidnapped his wife and his two minor daughters. In these circumstances, the petitioner has sought guardianship of the person and property of the daughter Divya aged 13 years and daughter Priya aged 11 years. Admittedly, there is no pleading at all that there is any property in the name of the minors. Therefore, the Petition will have to be considered as one for guardianship of the person of the two children.