RAMESH TUKARAM GADHWE Vs. SUMANBAI WAMANRAO GONDKAR
LAWS(BOM)-2007-10-122
HIGH COURT OF BOMBAY (FROM: AURANGABAD)
Decided on October 24,2007

RAMESH TUKARAM GADHWE,SAU.KUSUM RAMESH GADHWE,SANDEEP RAMESH GADHWE,SUDARSHAN SUBHASH GONDKAR Appellant
VERSUS
SOU.SUMANBAI WAMANRAO GONDKAR,JYOTI SUBHASH GONDKAR Respondents




JUDGEMENT

V. R. Kingaonkar, J. - (1.)This appeal arises out of Judgment rendered by learned District Judge, Kopargaon, in proceedings under the Guardian and Wards Act. By the impugned Judgment, application filed by respondent No.1 - Sou.Sumanbai for custody of minor - Sudarshan was granted with further direction to submit quarterly reports about his health to the Court.
(2.)The factual matrix depicts pathetic social aberrations of which the minor (Sudarshan) is the unfortunate victim. Subhash and Jyoti entered wedlock on 5.12.1996. They were blissed with the male child (Sudarshan) on 9.2.1998. The minor - Sudarshan @ Chhotu was hardly three years old when Subhash met with untimely death. He was afflicted with HIV and died of AIDS. The minor was admitted in an English medium school at Shirdi by his uncle and the grandmother i.e. applicant - Sumanbai. Unfortunately, Jyoti was also suffering from AIDS. She too died of AIDS during pendency of the application. She went to reside with her parents alongwith the minor in or about June 2004. Appellant Nos.1 to 3 are parents and brother of Jyoti.
(3.)Original applicant - Sumanbai urged for custody of the minor on the ground that mother of the minor was unfit to look after his welfare. She asserted that mother of the minor, viz., Jyoti was suffering from AIDS and was unable to properly maintain the minor child. She further asserted that there was no proper medical facility available in village Rahata where, the parents of Jyoti reside. She asserted that the maternal relatives of Jyoti were unable to provide medical help to minor - Sudarshan and his physical health would be endangered, if his custody would be continued with them because the minor also is afflicted with HIV. She asserted that she would be in a better position to provide good medical help to minor - Sudarshan if his custody is given to her. Hence, the application u/s.17 of the Guardian and Wards Act was filed.


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