Thread by @barandbench

#BombayHighCourt is hearing the plea filed by Indian parents seeking directions to send their minor American daughter to USA for vaccination

Hearing before Bench of Justices SS Shinde and Abhay Ahuja.

#COVIDVaccination #COVID19

Sr Adv Dr Milind Sathe appears for the parents as also the aunt of the minor who is seeking legal guardianship of the minor in order to accompany her to USA for the minor’s vaccination.

#COVIDVaccination #BombayHighCourt

Sathe: She has to be accompanied either with parent or with legal guardian.

#COVIDVaccination #BombayHighCourt

Govt Pleader PH Kantharia states that the Union of India has to be made a necessary party. Even the US embassy has to be made party.

Sathe objects to this. States he is not seeking any relief against the state and hence they need not be made party.

#BombayHighCourt

Kantharia: I can raise objection that the petitioner can approach the District Court.

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Sathe: I am not seeking any relief against the State.

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Sathe: I am not seeking relief against anybody, I only want that the petitioner no 3, the aunt, to be appointed as legal guardian.

There are several orders wherein legal guardian has been appointed in writ petition.

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Kantharia: You want to travel to the USA without making Union a party?

Sathe: But I am not seeking permission from the Court to go to USA, I am merely seeking an order to appoint a legal guardian.

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Court: We are giving one week’s time to file a short reply.

Kantharia: Yes, let them make Union of India as party respondent, and then the consulate.

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Sathe: Consulate cannot be made a party. My learned friend may read the CPC.

#COVIDVaccination #BombayHighCourt

Sathe: I do not understand why the State is even objecting. The relief is not against them or even UOI.

Court grants the State one week’s time to give a short reply.

Sathe is granted liberty to place on record orders where courts granted guardianship in writ jurisdiction.

Hearing over, matter placed on next Tuesday.

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