Sanjay Kapur wants to become Samaira's next friend

Bollywood actress Karisma Kapoor's husband Sanjay Kapur moved an application before the Delhi High Court on Wednesday, seeking to implead their five- month-old daughter Samaira as a co-petitioner and appoint him as next friend of the minor for court proceedings.

In his application filed through counsel Manisha Singhal, Sanjay said he was the natural guardian of Samaira and as such he was responsible for and entitled to take all decisions relating to the minor in her interest.

Sanjay, who has filed a writ petition seeking to restrain Karisma from going abroad along with Samaira and cancellation of the minor's passport issued by Regional Passport Office (RPO), Mumbai, submitted that it would be in the interest of justice to add Samaira as a co-petitioner/co-applicant in these proceedings and appoint him as her next friend.

Sanjay's application was likely to be taken up on August 26 when his writ petition would come up for hearing.

Interestingly, it was Karisma whose counsel had on the last date wondered how the petitioner was seeking cancellation of Samaira's passport without impleading her as a party to the case.

Contending that "custody of the child does not ipso facto amount to guardianship", Sanjay said while Karisma may be in the actual physical custody of the child by unilaterally keeping the minor away from her rightful home, "she (Karisma) is not the sole guardian of our daughter."

Claiming to be the natural guardian of Samaira, Sanjay said "the best interest of the child can be defended only by him".