Smriti Madan Kansagra vs Perry Kansagra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 601

Smriti Madan Kansagra – Appellant
Versus
Perry Kansagra – Respondent

Advocates appeared:
For the Parties:Mr. Tushar Mehta, SG. Mr. B. V. Balaram Das, AOR Mr. Mukul Rohtagi, Senior Advocate Mr. Amarjit Singh Chandhiok, Senior Advocate Ms. Sonia Mathur, Senior Advocate Mr. Prosenjeet Banerjee, Adv Ms. Nidhi Mohan Parashar, AOR Ms. Mansi Sharma, Adv Ms. Shreya Singhal, Adv Mr. Keshav Sehgal, Adv Mr. Vikrant Kumar, Adv Ms. Vidhi Jain Adv Mr. Anindit Mandal Adv Ms. Nandita Rathi, Adv Mr. Noor Rampal advocate Mr. Puneet pathak advocate Ms. Priya Agarwal, Adv. Mr. Anunaya Mehta Advocate Mrs. Inderjeet Saroop Advocate Mr. P. K. Manohar, AOR

ORDER :

UDAY UMESH LALIT, J.

1. Civil Appeal No.3559 of 2020 arose from Guardianship Petition filed by Perry Kansagra (hereinafter referred to as ‘Perry’), father of minor named Aditya Vikram Kansagra (hereinafter referred to as ‘Aditya’), under Sections 7, 8, 10, 11 of the Act¹[The Guardianship and Wards Act, 1890] before the District Court, Saket, New Delhi. Perry is a person of Indian origin and Gujarati by descent. His grandfather migrated to Kenya in 1935 and settled there. The family has business interests in Kenya and United Kingdom. Perry holds dual citizenship of Kenya as well as United Kingdom. Perry got married to Smriti Madan Kansagra (hereinafter referred to as ‘Smriti’), an Indian citizen, on 29.07.2007 at New Delhi. Initially, the couple stayed at Nairobi, Kenya but Smriti returned to India in 2009. The couple was blessed with a son – Aditya on 02.12.2009 at New Delhi. Except for a brief period when the couple had gone to Kenya in 2012, Aditya always stayed with Smriti in Delhi till the disposal of aforestated Civil Appeal No.3559 of 2020.

2. On 26.5.2012, Civil S

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2021 Supreme(SC) 601

Smriti Madan Kansagra – AppellantVersusPerry Kansagra – Respondent

Smriti Madan Kansagra – Appellant
Versus
Perry Kansagra – Respondent