On 19.02.2015, this Court had inter alia ordered:

This suit seeks appointment of the plaintiff Mr. Mohd. Shahnawaz Zaheer son of late Mr. Zaheer Ahmed resident of 111, Pocket-1, Jasola, New Delhi-110025 as the guardian of Master Ayush Dayal (Minor) and Baby Prarthana Dayal (Minor).

The plaintiff resides with his family comprising his wife and two daughters. The elder daughter is stated to be 19 years old and is presently pursuing a degree in Finance and Economics from Hong Kong University. The younger daughter is 16 years old and studies at Delhi Public School, R.K. Puram. The plaintiff is a Commander/Senior Instructor with Air India. He is posted at Delhi. The plaintiff’s residence comprises four floors, of which he and his wife are the joint owners. An extended joint family consisting of his mother and his parents-in-law reside in the said residence. All the members of the immediate family as well as the extended family stay together as a family.

The plaintiff’s wife, Smt. Almas Zaheer, is a law graduate from the University of Delhi, his father-in-law retired as Registrar from the Jawahar Lal Nehru University and is presently working as Registrar, Sharda University, Greater Noida while his mother-in-law retired as a teacher from the Government of NCT of Delhi. The plaintiff’s mother is a homemaker. It is stated that there is continuance (sic) parental oversight, care and guidance because of the three elders, comprising the plaintiff’s mother, mother-in-law and father-in-law, being present in the house.

The twin minor children reside on the ground floor of the property with the plaintiff and his family, which is in the make of a duplex and consists of 5 bedrooms, drawing room, family room and a dining area. It is stated that the twins have a room each to themselves. The first floor is occupied by the parents-in-law of the plaintiff. The second floor is being kept for guests of the family. It is stated that no portion of the property is let out and indeed, the entire property is in possession of the plaintiff and there is no interference of any third party unknown to his joint family. The minor children are the orphans of the best friend and colleague of the plaintiff. The mother of the children, Smt. Kavita Dayal, succumbed to cancer on 20.4.2012 while their father, Shri Praveen Dayal, passed away on 30.4.2013 after a prolonged ailment. Towards the end of his life Shri Praveen Dayal had repeatedly expressed his desire that the plaintiff must take care of his children since there was nobody else in his own family who could take care of them. He had also indicated this many a times to his colleagues of the Indian Commercial Pilots Association (IPCA). The only surviving relative of late Mr. Praveen Dayal is his brother, Mr. Amit Dayal, who resides in the USA. The latter has already given his consent by way of a declaration that the children, his nephew and niece, be brought up under the care of the plaintiff. The said declaration reads as under:

“And Declarant declare that after the death of Shri Praveen Dayal, the issue of welfare of his minor children Master Ayush Dayal and Baby Prarthana Dayal was discussed among all the acquaintance etc. and the members of Indian Commercial Pilot Association (ICPA), of which late Shri Praveen Dayal was the member and during consultation Shri Amit Dayal due to his personal engagements/reasons showed his inability to take care of the children however Shri Mohd. Shahnawaz Zaheer son of Late Zaheer Ahmed resident of 111, Pocket-1, Jasola, New Delhi, who himself is the senior member of ICPA and office colleague and very close family friend of late Shri Praveen Dayal and is working as commander with Air India airlines, in terms of the wishes of late Shri Praveen Dayal, offered to take all possible care of the Master Ayush Dayal and Baby Prarthana Dayal including custody and to act as guardian, which initiative was welcomed by everybody keeping in mind the welfare of the children paramou