APPLICATION FOR APPOINTMENT OF GUARDIAN
(Application for Appointment of Guardian submitted towards assessment in the subject of
Drafting, Pleading & Conveyancing)
SUBMITTED TO: SUBMITTED BY:
MS. HEENA MONGIA ANANYA SINGH
FACULTY, VSLLS SEMESTER IX - K
VIVEKANANDA SCHOOL OF LAW AND LEGAL STUDIES 02117703520
VIVEKANANDA SCHOOL OF LAW AND LEGAL STUDIES (VSLLS)
VIVEKANANDA SCHOOL OF PROFESSIONAL STUDIES DELHI
2020-2025
IN THE COURT OF DISTRICT JUDGE SOUTH DISTRICT, SAKET DISTRICT
COURTS, NEW DELHI
(Petition for Guardianship of the Minor Under Section 10 of the Guardian and Wards
Act VIII of 1890)
GUARDIANSHIP PETITION NO. of 2024
IN THE MATTER OF:
Mrs. Reena Sharma …PETITIONER
VERSUS
Mr. Rajiv Malhotra …RESPONDENT
INDEX
Sr. No. Particulars Court fees Pages
1. Memo of the Parties
2. Application Under Section 7, 8, 10 & 11 Of the Guardian
and Wards Act, 1890 for the Guardianship and the Custody
of the Minor child “Gauri” aged about 3 years & 6 Months
on 13-04-2021, Along with Affidavit in Support.
3. ANNEXURE P-1
A copy of the wedding invitation card
4. ANNEXURE P-2
A copy of Birth Certificate of the Minor Child
5. Affidavit of the petitioner
6. Declaration of Truth on behalf of the Petitioner
7. Vakalatnama
PETITIONER
THROUGH
New Delhi ADVOCATE
Dated: 12-10-2024 Ms. Ananya Singh, Advocate
02117703520
IN THE COURT OF DISTRICT JUDGE SOUTH DISTRICT, SAKET DISTRICT
COURTS, NEW DELHI
(Petition for Guardianship of the Minor Under Section 10 of the Guardian and Wards
Act VIII of 1890)
GUARDIANSHIP PETITION NO. of 2024
IN THE MATTER OF:
Mrs. Reena Sharma …PETITIONER
VERSUS
Mr. Rajiv Malhotra …RESPONDENT
MEMO OF THE PARTIES
Mrs. Reena Sharma (Grandmother)
W/o Mr. Raj Sharma
R/o H. No. 51, Greater Kailash -1, New Delhi – 110048 …PETITIONER
Versus
Mr. Rajiv Malhotra (Natural father)
S/o Mr. Sushil Malhotra
R/o H. No. 451, Sawai Madhopur, Rajasthan – 322001 …RESPONDENT
PETITIONER
THROUGH
ADVOCATE
New Delhi Ms. Ananya Singh, Advocate
Dated: 12-10-2024 02117703520
IN THE COURT OF DISTRICT JUDGE SOUTH DISTRICT, SAKET DISTRICT
COURTS, NEW DELHI
(Petition for Guardianship of the Minor Under Section 10 of the Guardian and Wards
Act VIII of 1890)
GUARDIANSHIP PETITION NO. of 2024
IN THE MATTER OF:
Mrs. Reena Sharma …PETITIONER
VERSUS
Mr. Rajiv Malhotra …RESPONDENT
PETITION UNDER SECTIONS 7, 8, 10 & 11 OF THE GUARDIANS AND WARDS
ACT, 1890 FOR THE GUARDIANSHIP AND THE CUSTODY OF THE MINOR
CHILD GAURI AGED ABOUT 3 YEARS & 6 MONTHS BORN ON 13TH APRIL 2021.
THE PETITION ABOVE NAMED MOST RESPECTFULLY SHOWETH: -
1. DETAILS OF THE WARD:
(a) Name : Gauri
(b) Sex : Female
(c) Religion : Hindu
(d) Date of Birth : 13- 04-2021
(e) Ordinary R/o : H. No. 51, Greater Kailash -1, New Delhi – 110048
2. WHETHER THE MINOR IS A MALE WHETHER SHE IS MARRIED AND IF SO, THE
NAME AND AGE OF MINOR:
No, Minor is a Female
3. NATURE, SITUATION AND APPROXIMATE VALUE OF THE PROPERTY, IF ANY
OF THE MINOR:
Not applicable
4. NAME AND R/O THE PERSON HAVING THE CUSTODY AND POSSESSION OF
THE PERSON/PROPERTY OF THE MINOR:
Mr. Rajiv Malhotra, R/o H. No. 451, Sawai Madhopur, Rajasthan – 322001.
5. WHAT NEAR RELATIONS THE MINOR HAS AND WHERE THEY RESIDE:
The Petitioner is the Maternal grandmother of the minor and has been residing at H. No.
51, Greater Kailash -1, New Delhi – 110048. The maternal grandfather of the child and the
minor child is residing with the Petitioner at the aforementioned address and the
Respondent herein is the natural father of the minor, Mr. Rajiv Malhotra R/o H. No. 451,
Sawai Madhopur, Rajasthan – 322001.
6. WHETHER A GUARDIAN OF THE PERSON OR PROPERTY OR BOTH OF THE
MINOR, HAS BEEN APPOINTED BY ANY PERSON BY THE LAW TO WHICH THE
MINOR IS SUBJECT TO MAKE SUCH AN APPOINTMENT:
No.
7. WHETHER AN APPLICATION HAS AT ANY TIME BEEN MADE TO THE COURT
OR TO ANY OTHER COURT, WITH RESPECT TO THE GUARDIANSHIP OF THE
PERSON OR PROPERTY OR OF THE MINOR AND IF SO, WHEN, TO WHAT
COURT AND WITH WHAT RESULT?
No.
8. WHETHER THE APPLICATION IS FOR THE APPOINTMENT OR DECLARATION
OF A GUARDIAN OF THE PERSON OF THE MINOR OR OF HIS/HER PROPERTY,
OR BOTH:
The application is for declaration of the Petitioner, as sole guardian of the person of the
minor child Gauri.
9. WHETHER THE APPLICATION ΤΟ ΑΡΡΟΙNT GUARDIAN, THE QUALIFICATION
OF THE PROPOSED GUARDIAN:
The Petitioner is the Maternal Grandmother of the minor child Gauri and has been filing
the present petition for declaring the Petitioner as sole guardian of the minor and not for
the appointment of the Guardian.
10. WHERE THE APPLICATION IS TO DECLARE A PERSON TO BE A GUARDIAN,
THE GROUND ON WHICH THAT PERSON CLAIMS:
The Petitioner is the Maternal Grandmother of the minor child Gauri and has been filing
the present petition for declaring the Petitioner as sole guardian of the minor for the
paramount welfare of the child.
11. THE CAUSES WHICH HAVE LED TO THE FILING OF THE PRESENT PETITION:
a) That the present petition is being moved, by the Petitioner, for her appointment, as the
sole guardian of the minor child Gauri and the consequent grant of the custody of the
child to her.
b) That the petitioner’s daughter and the Respondent are Hindus and had got married
according to Hindu rites and ceremonies on 20th August 2019 at New Delhi. The
marriage was consummated and one baby, namely, Gauri (hereinafter referred to as a,
“child”) was born out of the marital wedlock of the parties. The child had been in joint
custody of both parties until the petitioner’s daughter passed away when the child was
two years old. After the daughter's death, the child began living with the petitioner, and
the petitioner took the minor child into her care and has since provided a stable,
nurturing, and loving environment for her. (A copy of the wedding invitation card has
been attached hereto as ANNEXURE P-1 respectively)
c) That the Petitioner is a citizen of India, R/o H. No. 51, Greater Kailash -1, New Delhi
– 110048. The Petitioner has spent a large part of her life in H. No. 51, Greater Kailash
-1, New Delhi, India. It is submitted that Delhi offers wonderful opportunities that
would be good for the child and allow her to partake in many outdoor and sporting
activities year-round, therefore, making the minor a grounded individual and an asset
to Society.
d) That the Petitioner's extended family also resides in Delhi and has business interest
spread over in Delhi. The Petitioner is a highly educated retired IAS Officer.
e) That the Respondent was born and brought up in Rajasthan, India and has been living
in Rajasthan, R/o H. No. 451, Sawai Madhopur, Rajasthan – 322001. prior to the
marriage. The marriage between the Petitioner and the Respondent was an arranged one
and prior to marriage the Respondent was made well versed with the Petitioner's family
and her lifestyle.
f) That the respondent, after initially allowing the petitioner to care for the child, has now
filed Civil Suit (Original Suit) XXX in the Hon’ble High Court of Delhi, seeking to
regain custody of the child. Despite this, the petitioner submits that it is in the best
interest of the minor child to remain with her, as the child has established a strong
emotional bond with the petitioner and has been thriving under her care.
g) That it is a well-established legal principle that the welfare of the minor is of paramount
consideration. The petitioner has provided the minor with a loving and stable
environment since the death of her mother, ensuring her well-being and emotional
security. The child’s best interests are served by continuing to reside with the petitioner.
h) That the minor child, Gauri, is only 3 years and 6 months old and requires constant care,
attention, and nurturing. The petitioner, as her maternal grandmother, is best suited to
provide the emotional and psychological support that a child of such tender age
requires. (A copy of the Birth Certificate has been attached hereto as ANNEXURE P-
2 respectively)
i) The child has developed a close and affectionate relationship with the petitioner, who
has been her primary care giver. The petitioner has been instrumental in providing the
child with a secure and loving home, which is essential for her emotional and mental
development.
j) That the respondent, although the natural father, has not demonstrated a consistent
involvement in the daily care and upbringing of the minor child. His recent attempt to
regain custody appears to be driven by legal considerations rather than the welfare of
the child.
k) The petitioner is financially stable, emotionally sound, and capable of ensuring the
child’s education, health, and overall welfare. The petitioner has consistently acted in
the child’s best interests since the passing of her mother, and the minor has shown clear
signs of thriving under her care.
l) That it is in the best interest of the minor child to maintain continuity in her living
environment. Since the unfortunate demise of her mother, the petitioner has provided
the child with a stable and nurturing home. Disrupting this established living
arrangement could have adverse psychological effects on the child, who is still in the
process of adapting to the loss of her mother.
m) The petitioner resides in a family environment surrounded by a supportive and caring
extended family. This provides the minor child with a network of emotional and
familial support that is essential for her well-being and growth. In contrast, the
respondent does not appear to have a similarly stable support system that could offer
the same level of care and attention to the child.
n) The respondent, being engaged in a demanding professional career, has limited time
and resources to devote to the day-to-day care of the minor child. The nature of his
work may prevent him from providing the consistent care and attention that a child of
tender age requires, whereas the petitioner is fully available and committed to ensuring
the child’s well-being at all times.
o) That after the tragic passing of the child’s mother, the minor has experienced emotional
distress. The petitioner, being the maternal grandmother, is better positioned to address
these emotional needs, given her close bond with both the mother and the child. The
petitioner has been able to help the child cope with this loss and has provided a
comforting and loving environment that supports the child’s emotional healing.
p) That the respondent's attempt to regain custody through legal proceedings rather than
amicable discussions suggests that the child may be exposed to conflict and instability
if placed under his custody. Such exposure could negatively affect the child’s emotional
health and development. In contrast, the petitioner offers a peaceful, conflict-free
environment that prioritizes the child’s needs.
q) That the petitioner has ensured that the minor child is enrolled in appropriate
educational programs suited to her age and development. The petitioner is fully
committed to providing for the child's future education and overall development,
ensuring she receives the best opportunities for growth. On the other hand, the
respondent has not demonstrated a clear plan for the child’s education and development.
r) That it is a well-settled principle in guardianship and custody matters that the welfare
and best interests of the minor child are of paramount importance and must outweigh
any competing rights of the parties involved. In the present case, the petitioner’s proven
ability to provide a stable, loving, and nurturing environment clearly establishes that
the welfare of the minor child would be best served by granting the petitioner custody
and guardianship. Consequently, the petitioner’s plea for custody should be upheld to
secure the holistic development and overall well-being of the child.
12. That the child is presently residing with the Petitioner, at H. No. 51, Greater Kailash -1,
New Delhi – 110048, and therefore this Hon’ble Court has the jurisdiction to entertain and
try the Petition.
13. That the appropriate court fee is affixed on the Petition.
PRAYER
IN THE PREMISES STATED HEREIN ABOVE THE PETITIONER MOST
RESPECTFULLY PRAYS THAT THIS HON’BLE COURT MAY BE PLEASED TO:
a. Declare the petitioner, Mrs. Reena Sharma as the legal guardian of the minor child, Gauri,
under Sections 7 & 8 of the Guardians and Wards Act, 1890, and grant permanent custody
of the minor child to the petitioner.
b. Direct the respondent to hand over the custody of the minor child to the petitioner and
ensure that the minor child remains under the petitioner’s care and guardianship.
c. Pass any other orders as this Hon’ble Court may deem fit and proper in the interest of justice
and the welfare of the minor child.
PETITIONER
THROUGH
ADVOCATE
New Delhi Ms. Ananya Singh, Advocate
Dated: 12-10-2024 02117703520
VERIFICATION
I, Mrs. Reena Sharma, do hereby verify that the contents of paras 1 to 13 of the Petition are
true and correct to my knowledge and those of paras from 1 to 13 of the Petition are based on
legal advice received and believed by me to be true and correct and the last para is the prayer
before this Hon'ble Court.
Verified at New Delhi on this 12th day of October, 2024
New Delhi PETITIONER
Dated: 12-10-2024
IN THE COURT OF DISTRICT JUDGE SOUTH DISTRICT, SAKET DISTRICT
COURTS, NEW DELHI
(Petition for Guardianship of the Minor Under Section 10 of the Guardian and Wards
Act VIII of 1890)
GUARDIANSHIP PETITION NO. of 2024
IN THE MATTER OF:
Mrs. Reena Sharma …PETITIONER
VERSUS
Mr. Rajiv Malhotra …RESPONDENT
AFFIDAVIT
I, Reena Sharma, W/o Raj Sharma and D/o Sh. Prithviraj Tripathi, R/o H. No. 51, Greater
Kailash -1, New Delhi – 110048, aged around 76 years, the above-named deponent, do hereby
solemnly affirm and state as under: -
1. That being the Petitioner herein, I am well conversant with the facts and circumstances
of the case, hence, competent to swear the present affidavit.
2. That the accompanying Application under Section 7, 8, 10 & 11 of The Guardians and
Wards Act, 1890, has been drafted by my Counsel under my instructions and the
contents of same are true and correct.
3. That the contents of the accompanying Application have been read over to me in
vernacular and the same may be read herein as part and parcel of the present Affidavit.
4. I say that Annexure to the application are true copies/ true translated copies of their
respective originals.
5. The present application has not preferred any similar or other petition in the
abovementioned matter.
6. That there has been no unnecessary or improper delay in instituting the present petition
DEPONENT
VERIFICATION
Verified at New Delhi on this 12th October, 2024 that the content of the above affidavit are true and
correct to the best of my knowledge and belief and nothing material has been withheld or misstated.
New Delhi DEPONENT
Dated: 12-10-2024
IN THE COURT OF DISTRICT JUDGE SOUTH DISTRICT, SAKET DISTRICT
COURTS, NEW DELHI
(Petition for Guardianship of the Minor Under Section 10 of the Guardian and Wards
Act VIII of 1890)
GUARDIANSHIP PETITION NO. of 2024
IN THE MATTER OF:
Mrs. Reena Sharma …PETITIONER
VERSUS
Mr. Rajiv Malhotra …RESPONDENT
DECLARATION
I, Mrs. Reena Sharma, the Petitioner above named, duly declare that the particular given above
are true and correct to my knowledge and that I do hereby declare that I am willing to act as
Guardian for the minor child Gauri.
DEPONENT
VERIFICATION
Verified on oath at New Delhi on this 12th October, 2024 that the content of the above
declaration is true and correct to the best of my knowledge and belief and nothing has been
withheld or misstated.
DEPONENT
ATTESTED BY WITNESS:
1. Mr. Raj Sharma
2. Ms. Priya Sharma Kapoor
New Delhi
Dated: 12-10-2024
