34-GP5-18.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
GUARDIANSHIP PETITION NO. 5 OF 2017
Ratan Govind Jadhav …Petitioner
And
Sahil Mahendra Jadhav …Minor
Mr Dhananjay Pathak, for the Petitioner.
CORAM: G.S. PATEL, J
DATED: 24th September 2018
PC:-
1.
Heard Mr Pathak for the Petitioner.
2. This is a Petition under the Guardians and Wards Act, 1890
in respect of the property and person of the minor, Sahil Mahendra
Jadhav (“Sahil” or “minor”), aged about 17 years. The Petitioner
is the paternal uncle of the minor.
3. Sahil was born on 30th June 2001. His birth certificate is
annexed. His parents were Mahendra Govind Jadhav
(“Mahendra”) and Rupali Mahendra Jadhav (“Rupali”). The
Petitioner is Mahendra’s brother. Mahendra died on 20th
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September 2008 and Rupali died on 30th November 2004. Their
death certificates are on record. Both died intestate.
4. Mahendra was a worker with Mumbai Municipal Corporation
(BMC). There are some dues i.e. Provident Fund, Gratuity fund,
Family pension, etc. that are owed to him.
5. Sahil’s maternal grandparents are alive and are not willing to
look after the minor. Since the father’s death, the minor has been
living with the Petitioner and his wife at the their residence at
Tagore Nagar, Municipal Market, Building 1/2, 1st Floor, Hariyali
Village, Ganesh Mandir Road, Vikhroli East, Mumbai 400 083. The
Petitioner and his family are looking after the minor. The Petitioner,
therefore, seeks to be appointed as a guardian of the property and
person of the minor without security, remuneration or royalty. Sahil
is studying in Std X at Veekays English High School, Vikhroli East,
Mumbai. The Petitioner is also an employee with the Mumbai
Municipal Corporation of Greater Mumbai (MCGM). The
Petitioner states that he is ready and willing to look after the well-
being, education and shelter of the minor. The interest of the
Petitioner is not adverse to that of the minor.
6. I am satisfied that there is no reason to compel the issue of a
notice under Section 11 of the Guardians and Wards Act, 1890.
7. In these circumstances, the Petition is made absolute in terms
of prayer (a) and (b) which read as follows:
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(a) That Notice under Section 11 of the Guardian and
Wards Act, 1890, may be kindly dispensed with;
(b) That the Petitioner i.e. Shri Ratan Govind Jadhav, be
appointed Guardian (without security, without
remuneration or royalty) of the person of the above minor
‘SAHIL MAHENDRA JADHAV’
8. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J)
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