1.GP12_2019.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS GENERAL AND INHERENT JURISDICTION
GUARDIAN PETITION NO. 12 OF 2019
Andalu Suresh Vennamvar
Residing at Near Mangalmurti Hospital
D-8/14, Siddhi Society, Gorai-1,
Borivali (West), Mumbai-400 092. … Petitioner
Ms. Manju Kore for the petitioner.
CORAM : G.S.KULKARNI, J.
DATE : 15 November 2019
P.C.:
Heard learned counsel for the petitioner.
2. The petitioner-Andalu Suresh Vennamvar is the paternal grandmother
of female minor Kinjal Arvind Vennamvar. As per the birth certificate
annexed at Exhibit A, the minor was born on 28 October 2010. The minor
was born to her biological parents Mr. Arvind Suresh Vennamvar and Mrs.
Dhanalaxmi Arvind Vennamvar. On 6 July 2018 minor’s mother Mrs.
Dhanalaxmi Vennamvar expired and thereafter immediately on 28 August
2018 minor’s father Mr. Arvind Vennamvar also expired. The death certificate
of both the parents/natural guardian are placed on record at Exhibits B and
C.
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3. The learned counsel for the petitioner has stated that after the death of
parents of minor Kinjal, the petitioner has been looking after the
maintenance, welfare and education of the minor and the minor is under the
care and custody of the petitioner. It is stated that deceased father Arvind
Vennamvar has left 4 LIC policies, total amounting to Rs. 8,00,000/-, i.e.,
Rs.2 lakhs, 3 lakhs, 2 lakhs and 1 lakh respectively, the details of which are
set out in paragraph 6 of the petition. The learned counsel has stated that the
minor Kinjal would now be entitled to the amounts under the said Life
Insurance policies on account of death of her father Mr. Arvind Vennamvar,
she being the only surviving legal heir. The learned counsel for the petitioner
has also drawn my attention to the letter dated 29 September 2018 issued by
Life Insurance Corporation of India addressed to the petitioner that the
amount will be disbursed by the LIC for the benefit of the minor only on a
guardianship certificate being obtained by the Court.
4. The petitioner has made a solemn statement on oath that the petitioner
is ready and willing to act as a guardian of the person and property of the
minor, without security, remuneration and royalty and that she is fit and
proper person to act as a guardian. It is also the solemn statement made in
the petition that none of the other members of the family including any
maternal relatives would have any objection to the petitioner being appointed
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as a guardian in person and property of the minor.
5. In the above circumstances, in my opinion, it is in the interest of justice
that the prayers as made in the petition be granted. They are accordingly
granted in terms of prayer clauses (a) and (b), which reads thus:
“a) That Notice under section 11 of the Guardian and SectionWards Act VIII of
1890 may be dispensed with.
b) That the petitioner be appointed as Guardian of the person and
property of the minor abovenamed without security and without
remuneration.”
6. The petitioner shall receive the amounts from Life Insurance
Corporation payable on the above said policies and keep the amounts so
received in a Fixed Deposit to be taken out in the minor’s name under the
petitioner’s guardianship which shall so remain in Fixed Deposit in any
nationalized bank till the minor attains majority. The affidavit of making of a
Fixed Deposit setting out the details thereof be placed on record of this Court
on the receipt of the said amounts from the LIC.
7. LIC to act on an authenticated copy of this order.
8. Disposed of in the above terms.
9. For compliance, list this petition on 6 January 2020.
(G.S.KULKARNI, J.)
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