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2017 Supreme(Bom) 1826

MRIDULA BHATKAR
Firoza Popere – Appellant
Versus
Usha Dhananjayan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajiv B. Chavan, Senior Advocate a/w. Ms. Priyanka B. Chavan i/b. Ms. Asha Mittal
For the Respondent:Ms. Flavia Agnes a/w. Mr. Prasad Shenoy, Advocate

JUDGMENT :

1. The paternal and the maternal grandmother both have conflicting claim to be appointed as guardian of a minor girl Zeenat.

2. This First Appeal is directed against the order dated 5th May, 2014 passed by the District Judge, Mangaon, District Raigad, below Exhibit 1 of Civil Miscellaneous Application No. 7 of 2014 preferred by the maternal grandmother/present respondent under Guardians and Wards Act, 1890 for her appointment as guardian of minor girl Zeenat. The facts of the case are summarized as follows:

On 11th May, 2008 Nimmy and Aatif got married. It was a love marriage. Aatif is muslim and Nimmy was hindu. On 8th August, 2008 Nimmy was converted to Islam and was renamed as Bushra. On 2nd March, 2009 Zeenat was born. On 11th March, 2013 Aatif strangulated Nimmy (Bushra) and committed murder of his wife in Dubai. At the relevant time, the child was kept with her paternal mother temporarily, as the deceased mother was to return from Dubai in April to take the child with her. Bushra was cremated at Nandvi (Raigad) as per muslim rites. On 20th March, 2013 the maternal grandmother/respondent took Zeenat to Kerala. On 29th April, 2013 the appellant/paternal grandmother took






















































































































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