IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.41 OF 2008 Mr. John Vijayan ...Petitioner Vs. Mrs. Sujata John Mr.Balkrishnan Shetty ...Respondents Mr.V.V.Kanose with Mr. S.S.Gawde for Petitioner CORAM: SMT.ROSHAN DALVI, J. DATED: 2ND MAY, 2008 P.C. 1. The Petitioner had been married to the mother of the minor child, whose guardianship he claims. The first Respondent's husband, who was the biological father of the minor deserted her and the minor. The first Respondent has obtained the Divorce Deed from the Competent Court. The judgment in her Petition for divorce in Petition No.A-753 of 2006 shows the desertion/ abandonment. Consequently the decree of divorce under Section 13(1) (ia) and (iv) of the Hindu Marriage Act, 1955 is granted. 2. The Petitioner remarried the first Respondent who was the minor's mother on 4th August, 2007 and registered the marriage on 3rd November 2007. The Petitioner lives with the minor as well as the minor's mother, the first Respondent. 3. The Petitioner has sought to serve this Petition upon Respondent No.2, the biological father of the minor child at his last known address at Mangalore. This Petition has also been published in News papers in English and Kannada language. The Petition has been properly served. 4. The Respondent No.2 has failed to contest the Petition. The Respondent No.1 has filed the Consent Terms. 5. The Petition is made absolute in terms of prayer clause (b) and ( c ). (SMT. ROSHAN DALVI, J.)