VINCY CAJETAN NORONHA Vs. STEFFI GENOVEVO FERNANDES

JUDGEMENT

(1.) By the Guardianship Petition No. 1 of 2024, the Petitioners had initially sought the relief of permanent custody of the minor Yohan Johnny Sankaram ("Master Yohan") born on 3/12/2016. The Petitioner Nos. 1 and 2 are the grand-parents of Master Yohan and Petitioner No. 3 is their daughter, i.e. aunt of Master Yohan. Thereafter, by Guardianship Petition No. 13 of 2024 a fresh Guardianship Petition had been filed pursuant to directions of this Court. The Petitioners sought to be declared as Guardians of Master Yohan. This had also been sought by way of amendment to Guardianship Petition No. 1 of 2013.

(2.) Guardianship Petition No. 2 of 2024 has been filed by the Petitioner seeking her appointment and declaration as legal Guardian of Master Yohan and to look after the rights and interest in the properties mentioned in the Schedule of properties annexed at Exh.AA to the Guardianship Petition and to manage, administer and hold the same for and on behalf of Master Yohan till he turns major. The Petitioner has also sought for appointment of the Petitioner as competent person to pursue and/or initiate any proceedings as may be required or advised with respect to insurance scheme, all service benefit, PPF, Gratuity and other claims of whatsoever nature of deceased Johnny Sanakarm, i.e. biological father of Master Yohan with Respondent No.5 and/or with any other authorities or Court of law and also to prosecute the claim and receive the same in proceeding pending before the Motor Accident Tribunal Mumbai for and on behalf of Master Yohan.

(3.) For the sake of convenience, the Petitioner Nos. 1 to 3 in Guardianship Petition No. 1 of 2024 and Guardianship Petition No. 13 of 2024 are referred to as "the Petitioners" and the Petitioner in Guardianship Petition No. 2 of 2024, who is the Respondent in Guardianship Petition No. 1 of 2024 and Guardianship Petition No. 13 of 2024 is referred to as "the Respondent".