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2021 Supreme(Bom) 984

S.C.GUPTE
Ashu Khurana Dutt – Appellant
Versus
Aneesha Ashu Dutt – Respondent


Advocates appeared:
Shanay Shah, Advocate, Sapana Rachure, Advocate, Santosh Paul, Advocate, Pradip Chavan, Advocate, Mahir Bhatt, Advocate, Manan Sanghai, Advocate, Wasim Ansari, Advocate

JUDGMENT

S C Gupte, J. - Heard learned Counsel for the parties.

2. This guardianship petition is filed purportedly under Sections 6 and 11 of the Hindu Minority and Guardianship Act, 1956. Prayer clause (a) of the petition seeks appointment of the Petitioner, who is the father of the two minors for whose guardianship the present petition is filed, as the guardian of the person of the minors. Secondly, it seeks reliefs concerning the property of the minors, particularly a declaration that the Respondent mother has unauthorisedly and fraudulently withdrawn or transferred amounts from the bank accounts of the minors for her personal use and benefit [prayer clause (aa)] and an order for recovery of these amounts either by making payment to the Petitioner as their natural guardian or by depositing the same in the bank accounts of the minors [prayer clause (b)].

3. In the first place, the main prayer in the petition, prayer clause (a), which is for appointment of guardian of the person of the minors, is not maintainable before this court. Section 7 read with Section 8 of the Family Courts Act reserves exclusive jurisdiction to entertain a suit or proceeding in relation to guardianship of th

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