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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GUARDIANSHIP PETITION. NO. 17 OF 2019
Kistamma Narsappa Mondi …Petitioner
Deepa Narasimha Mondi (minor)
—
Ms.Sayali Puri i/b. Daya S.Jadhav, for the Petitioner.
—–
CORAM : G.S. KULKARNI, J.
DATE : 13th December,2019
P.C.:
1. Heard learned Counsel for the petitioner. This is a guardianship
petition whereby the petitioner- Kistamma Narsappa Mondi who is
grandmother of the minor-Deepa Narasimha Mondi who born on 15
September 2005, is praying that she be appointed as guardian of the
minor. The prayers made in the petition are as under:-
“(a) That Notice under Section 11 of the Guardian and
ward Act VIII of 1890 may be dispensed with.
(b) That the Petitioner being and as the Grandmother of
the said Minor Child may be appointed as Guardian of the
said minor without any remuneration and without any
surety generally of the right, title and interest of the person
and property of the minor namely :- Deepa Narsimha Mondi.
(c) That the petitioner or Applicant may be granted
permission to apply to this Honorable Court as and when
there may be any occasion.”
2. The mother of the minor-Smt.Ratnamma Narsimha Mondi expired
on 31 October 2014. Thereafter, the father of the minor- Narsimha
Narsappa Mondi expired on 16 October 2018. The minor was residing
alongwith the deceased parents in Room No.A-402, Bharthiyar Chawl,
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Maharana Pratap Nagar, Dhorwada, Dharavi, Mumbai, which premises
are of the grandfather of the minor. Both the parents of the minor
expired intestate. Today the minor is in care and custody of the
petitioner-grandmother. There are also consent affidavits of
Mr.Venkatesh Narsappa Mondi and Mr.Ramalu Narsappa Mondi. They
are stated to be the brothers of the deceased minor who has no objection
for appointment of the petitioner as guardian of the minor Deepa
Narasimha Mondi.
3. Learned Counsel for the petitioner has contended that
Mr.Narsimha N.Mondi, deceased father of the minor was working with
the Central Railway. The Railway Authorities are not entertaining any
application for receipt of any service dues which are payable to the
deceased father of minor-Deepa Narasimha Mondi. She states that in
order to undertake the day to day expenditure of the minor and
education need, there is requirement of funds, and if Guardianship
certificate is granted, the petitioner would be in a position to approach
the Railway Authorities and make a claim for terminal benefits which
would be entitled to the minor.
4. Having heard the learned Counsel for the petitioner and having
perused the averments as made in the petition it is in the interest of
justice that the petitioner is required to be appointed as a guardian of
minor-Deepa Narasimha Mondi. Hence the following order:-
(i) Issuance of Notice under Section 11 of the Guardian Ward
Act,1890 is dispensed with.
(ii) Petitioner-Smt.Kistamma Narsappa Mondi is appointed as a
guardian of minor-Deepa Narasimha Mondi without any remuneration
and without any surety generally of the right, title and interest of the
person and property of the minor-Deepa Narsimha Mondi.
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(iii) In regard to the service dues of the father of the minor Deepa
Narasimha Mondi to which the minor is entitled, the General Manager
of the Central Railways is directed to depute a representative with a
statement in regard to the amount which is due and payable to the legal
heirs of the deceased Narsimha Narsappa Mondi. The concerned
representative of the Railways shall remain present on the adjourned
date of hearing.
5. Stand over to 17 December 2019. High on Board.
6. Leaned Counsel for the petitioner shall furnish a copy of this order
to Mr.Pandian, the Standing Counsel of the Central Railways and also
forward a copy to the General Manager, Central Railways for
appropriate compliance.
7. Parties including the Railway Authorities to act on the
authenticated copy of this order.
[G.S. KULKARNI, J.]
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