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2016 Supreme(Bom) 1171

G.S.PATEL
Amrita Sanjay Achharya – Appellant
Versus
. – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.R. Bapat, Mr. Niraj Malaviya and Mr. Manan M., Divya Shah Associates.

JUDGMENT :

1. I am unable to understand why the Registry insists on an order of a Court in matters like this.

2. The Petitioner is the mother of two minor children, a daughter named Thavi and a son named Vedant. Thavi is sixteen years old. Vedant is six years old. Their father, the Petitioner’s husband, Sanjay died intestate on 9th September 2015 in Mumbai. In addition to the Petitioner and two minor children, Sanjay was survived by his mother, Lata. There is a pending Petition by the present Petitioner for Letters of Administration.

3. In the meantime, the Department has raised an objection and directed the Petitioner to obtain an order of a Court that the Petitioner, Amrita, “being the mother and natural guardian” of the minor children is their “guardian.” This is a completely incomprehensible requirement. In law, once the father has passed away, it is evidently the birth mother who is and must be the natural guardian of the minor children. If she is the mother and natural guardian and the Department (mercifully) does not dispute this, then she is obviously the guardian. I do not see why any order of the Court is required for this purpose, and I must agree with Mr. Bapat when he say




















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