The Bombay High Court has allotted the Guardianship for a minor child to its caregiver finding the biological parents unfit for the same. The Court, after considering extensive evidence including medical reports, affidavits, WhatsApp communications, and photographs, emphasized the paramount importance of the child's welfare. The petitioner filed a Guardianship Petition seeking legal guardianship of a minor child. The petitioner provided evidence, including a report from Hospital and a discharge card, indicating that he was handed over to her with the consent of his biological parents.
A Bench of Justice R.I. Chagla found, “I have interacted with the minor child Gabriel in my Chambers and have found that he is extremely attached to the Petitioner. Further, the biological mother, Respondent No.2 has deep psychological issues and this was noticed whilst passing of this Order in Court as there was a huge commotion caused by the Respondent No.2 which disturbed Court proceedings. The Respondent No.1 is very aggressive and has acted in defiance of orders of this Court by stating that he will forcefully take Gabriel from the custody of the Petitioner.”
Advocate Filji Frederick appeared for the Petitioner and Advocate Rajiv Basant Chaudhary appeared for the Respondents.
The petitioner argued that she had been taking care of him since his birth, providing for all his needs and ensuring his well-being. The respondents, who were biological parents, contested the petitioner's claims, alleging that their child was forcibly taken from them and seeking his custody back.
The respondents filed affidavits denying the petitioner's contentions and claiming that they had requested his return, but the petitioner refused. The Court also considered WhatsApp communications and photographs, which showed the respondents visiting the child at the petitioner's residence and acknowledging the petitioner as his caregiver.