IN MATTER OF APPOINTMENT OF PERSON OF A MALE MINOR WARD, HARALD HAMRE AND ELIN AASLAND HAMRE Vs. STATE

JUDGEMENT

(1.) This petition along with several other petitions was posted for hearing on a common issue which arose therein. The issue is, what is the power of this Court to appoint a foreign guardian, in respect of infants, where temporary guardianship was granted in terms of the Juvenile Justice Act, 1986. As the matter was not covered by any reported judgment and involved a large number of children in respect of whom petitions were pending in this Court, notice was issued amongst others to the learned Advocate General of the State of Maharashtra. Various organizations including ICSW. Counsel generally appearing in these matters were heard and their views have been considered.

(2.) The facts in the present petition are only been set out as they will be sufficient for the purpose of disposing of the issue in controversy.

(3.) The petitioners herein have moved this Court under Clause 17 of the Letters Patent as also under section 3 and other provisions of the Guardians and Wards Act, 1890. The male Varad was born on 24th January, 1997. The child was abandoned and was committed to the Children of the World (India) Trust by the Chairman, Zilla Bal Kalyan Mandal, Ratnagiri on 6-4-1997 under section 15(2) of the Juvenile Justice Act, 1986. It is during this period of 3 years that the application for appointment of Guardian came up before this Court wherein the question as raised earlier arose.