Mumbai: The Bombay Presidency Golf Club, the city-based golf course, was well within its right to terminate membership of two children as the member, Sucheta Desmond Rodrigues, wrongly declared them as her own children, observed the city civil court.
Civil Court Dismisses Suit Filed By Rodrigues
While dismissing the suit filed by Rodrigues against the club, the court pointed out that the petitioner was appointed as the guardian of the kids of her deceased sister till they attained majority.
In her plea, the woman sought directions to the club to consider the children as her dependents and allow them to enjoy all the rights and privileges attached to her membership. Rodrigues had paid Rs 26.18 lakh towards membership fees for herself and the four children, including her biological kids, in December 2017, and became a member for one year.
The club, however, in September 2018, informed her that the membership of her deceased sister's kids was cancelled on the grounds that they could not be admitted as her dependents. Only biological and adopted children can be considered as dependent as per rules, it added.
The club contended that Rodrigues had suppressed the material facts that she was the legal guardian of the two kids in question. By way of the present suit, the plaintiff wants free membership for her nephew and niece on the basis of her provisional club membership, it said.
The court said, “The plaintiff in her oral evidence has admitted her relationship with the two kids in question. Still, she gave an incorrect declaration in the membership form.”
Therefore, her claim that the defendant club must be stopped from denying the rights of two kids cannot be accepted. The promise was based on the false declaration made in the membership form, the court ruled.
