VAHBIZ PERVEZ DUMASIA vs NILOUFER PERVEZ DUMASIA

Judgment text excerpt

903-GP-8-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.8 OF 2025 Vahbiz Pervez Dumasia & Niloufer Pervez Dumasia ...Petitioners WITH INTERIM APPLICATION NO.1768 OF 2025 IN GUARDIANSHIP PETITION NO.8 OF 2025 Mr. Jahangir Jeejeebhoy with Ms. Nupur Desai i/b M/s Markand Gandhi & Co. for the Petitioners. CORAM : ABHAY AHUJA, J. DATE : 8th MAY 2025 ORAL JUDGMENT: 1. When the matter is called out, Mr. Jeejeebhoy, learned Counsel appearing for the Petitioners submits that the Interim Application No. 1768 of 2025 is wrongly on board as the same has been disposed of by order dated 24th April, 2025. 2. Accordingly, remove the Interim Application No. 1768 of 2025 from the board. 3. Mr. Jeejeebhoy further submits that as permitted by this Court by order dated 24th April, 2025, the Guardianship Petition has been amended and that this Petition be treated as a Petition under Clause XVII of the Letters Patent. Nikita Gadgil 1/24 903-GP-8-2025.doc 4. I have heard Mr. Jeejeebhoy, learned Counsel for the Petitioners at length. 5. But before proceeding further, I deem it apposite to set out Clause XVII of the Letters Patent as under:- “17. Jurisdiction as to infants and lunatics : And We do further ordain that the said High Court of Judicature at Bombay shall have the like power and authority with respect to the persons and estates of infants, idiots and lunatics, within the Bombay Presidency, as that which was vested in the said High Court immediately, before the publication of these presents.” 6. As can be seen under Clause XVII of the Letters Patent, this Court has power and authority with respect to the person and estate of infants, idiots and lunatics within the Bombay presidency. 7. A Letters Patent is the Charter of