IMPORTANT POINT
Custody of child – Welfare of child is of paramount consideration whilst determining issues arising under Guardianship Act.

ORDER

By this Guardianship Petition, the Petitioner is seeking direction that the Petitioner is true and lawful guardian of minor child xxxxxxx. The Petitioner has referred to certain events which have transpired on the birth of the minor child xxxxxxx and has relied upon the report of the Doctor of Wadia Hospital who according to the Petitioner deemed it fit to handover the minor child xxxxxxx to the Petitioner with the consent of his biological parents and upon the Petitioner taking responsibility for the child. Annexed at Exhibit A is the report of the Dr. Wadia Hospital along with discharge card.

2. The Petitioner has submitted that she is in a better position to take care of the welfare of the minor child xxxxxxx and has been doing so ever since the birth of the minor xxxxxxx who was brought to the house of the Petitioner from the hospital upon his discharge. The Petitioner has referred to the medical condition of Respondent No.2 coupled with the fact that the Respondents are not in a financial condition to take care of the minor child xxxxxxx. The Petitioner has further stated that the Respondents had for a short while after the birth of xxxxxxx stayed at the house of the Petitioner. However, due to the inconvenience caused to the Respondents in travelling from Mira Road to Parel for the treatment and constant follow-up of Respondent No.2, the Respondents left the house of the Petitioner, leaving xxxxxxx with the Petitioner for being looked after. All expenses incidental to xxxxxxx’s upbringing in the last two years were at all times borne by the Petitioner.

3. The Petitioner has referred to a certain police complaint made by the Respondent No.1 on 11th March, 2021 against the Petitioner filed at the Bhoiwada Police Station, Parel alleging that the Petitioner had forcefully abducted xxxxxxx from his biological parents i.e. the Respondents without their consent and was illegally retaining the custody of xxxxxxx and the Respondent No.1 wanted the custody of his son back. Annexed at Exhibit D to the Petition is a copy of the statement of Respondent No.1 filed with the Bhoiwada Police Station, Parel.

4. The Petitioner has further stated that the concerned Police Officer from the Bhoiwada PS called upon the Petitioner to hand over custody of the minor child xxxxxxx to the Respondentsbased on the complaint made by the Respondents. However, after having interacted with both the Petitioner and the Respondents, the police officer realized that xxxxxxx was being taken care of in a very efficient manner with the best of amenities and that the Petitioner had not taken custody of xxxxxxx by force but he was given to thePetitioner by consent of the Respondents for taking proper care of him.

5. The Petitioner in less than two months after handing over custody of xxxxxxx was called upon by the Respondent No.2 to take xxxxxxx back since his health had deteriorated to a massive extent due to malnutrition at the house of the Respondents. In view of the said complaint filed by the Respondents with the Bhoiwada PS, Parel, the Petitioner visited the concerned Police Station and was advised by the Assistant Police Inspector Mr. Rahul Lokhande to take xxxxxxx to her own house with the consent of the Respondents. The Respondents mutually agreed to this decision and willingly handed over xxxxxxx to the Petitioner.

6. The Petitioner has undertaken to take care of the minor child xxxxxxx and provide him the best amenities out of pure love and affection towards the child and respect for the family, with a view to ensure that he has a bright future and gets every opportunity to excel in life. The Petitioner states that she has been living alone after death of her husband Mr. Colin D’Souza. The Petitioner does not have any children from her marriage. The Petitioner’s husband was a businessman, while she herself has worked in good positions in the corporate sector. Hence, she has sufficient means to take care of herself and also the minor child xxxxxxx