IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GUARDIANSHIP PETITION No 13 OF 2019
Jagannath Vasudev Gawade ..Petitioner.
Nihal Anand Gawade (Minor) ..Respondent.
Mr. Kiran Shrirang Mohite for the petitioner.
CORAM : B. P. COLABAWALLA, J.
DATED :- 7th OCTOBER, 2019.
1. Heard the learned Advocate for the petitioner and also
considered the averments in the petition. From the averments
contained therein, I am satisfed that no notice is required to be
given as contemplated under Section 11 of the Guardians and SectionWards
2. This Guardianship Petition has been fled by the
petitioner who is the grand-father of the minor Master Nihal Anand
Gawade who is currently 14 years old and is also residing with the
petitioner. The said minor’s father Mr. Anand Jagannath Gawade
expired on 25th November, 2012. Similarly, the mother of the said
minor Mrs. Anjani Anand Gawade also expired on 16 th June, 2019.
The mother of the minor was working in Reliance Smart at Phoenix
City Mall, Kurla Kamani, Kurla (West), Mumbai-400 070 (for short
“Reliance Smart”). After her demise, her pending dues of
approximately Rs.15,00,000/- being Provident Fund and other dues
etc., have not been paid out. Since the son of the deceased mother is
the minor, the concerned Authorities of Reliance Smart are not
disbursing the said amount to the minor as well as the petitioner. It
is in these circumstances that the present petition is fled.
3. The petitioner has stated on oath in the petition that the
amounts that would be received from the concerned authority of
Reliance Smart would be utilized for the education and future career
of the minor.
4. Having heard the learned Advocate appearing on behalf
of the petitioner and considering the averments in the petition, I do
not see any impediment in appointing the petitioner as the guardian
of the person and the property of the said minor Master Nihal
5. In these circumstances, the petition is allowed in terms
of prayer clauses (a) and (b) which read thus :-
“(a) That this Hon’ble Court be pleased to issue Notice under
Section 11 of the Guardian and SectionWards Act, 1890 be dispensed
(b) That this Hon’ble Court be pleased to appoint the
Petitioner as Guardian of Master Nihal Anand Gawade and
property of the said Mr. Nihal Anand Gawade without
security and without remuneration.”
6. It is clarifed that whatever monies are received by the
petitioner for and on behalf of the minor either from the concerned
authority of Reliance Smart, or any other authority, shall be utilized
exclusively for the use and beneft of the said minor. The petition is
accordingly disposed of. No order as to costs.
(B.P. COLABAWALLA, J.)