IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GUARDIANSHIP PETITION NO. 6 OF 2019
Savita Sambhaji Sawant …Petitioner
Mr Sameer K. Sawant for the Petitioner.
Digitally signed …..
by Dhanappa I.
2019.06.14 CORAM : B. P. COLABAWALLA, J.
+0530 JUNE 14, 2019.
Heard learned advocate for the petitioner and also
perused the averments contained in this Guardianship Petition.
Considering the averments made in the petition, I am satisfied that no
notice is required to be given. In these circumstances, the petition is
2 The above petition is filed under the provisions of the
Guardians and SectionWards Act, VIII, 1890 in respect of two female minors,
namely, Pooja Sanjay Sawant aged 13 years and Vanshika Sanjay
Sawant aged 9 years. Both the minors are the grandchildren of the
petitioner and are currently residing with the petitioner. The
biological father of the said minors, namely, Sanjay Sambhaji Sawant
expired on 7th December, 2017 at Mumbai leaving behind his two
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daughters, namely, Pooja and Vanshika. The biological mother of the
minors also expired on 16th July, 2011. After the death of biological
parents, the said minors have been looked after and brought up by the
petitioner who is their grandmother. She too is the widow as her
husband passed away on 9th August, 2000. The petitioner had three
sons, namely, Raju Sambhaji Sawant, father of the minors and
Santosh Sambhaji Sawant. As mentioned earlier, the father of the
minors expired on 7th December, 2017 and Raju Sawant expired on 7th
May, 2010. As far as Santosh Sawant is concerned, he and his family
consisting of his wife and two children, are residing with the
petitioner at the address mentioned in the cause title of the petition
and he has also given his no objection / consent for appointing the
petitioner as the guardian of the said minors.
3 The father of the minors, namely, Sanjay Sawant was in
service with Godavari Bio-refinery Ltd. as a peon and was making
contribution to provident fund from his salary. The only heirs left
behind by the said Sanjay Sawant are the petitioner and his two
minor children. It is stated in the petition that since the daughters
are minor, the Employees Provident Fund Authorities could not hand
over the provident fund of the late Sanjay Sawant (father of the
minors) and it is for this reason that the petitioner is seeking to
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obtain a Guardianship Certificate from this Court for the purpose of
receiving and recovering the provident fund dues from the Employees
Provident Fund Authorities.
4 It is stated in paragraph 15 of the petition that the
petitioner has no interest in the estate of the deceased Sanjay Sawant
either directly or indirectly, adverse to that of the minors. She is
maintaining, educating and bringing them up and thus the petitioner
would be the fit and only person to be appointed as a guardian of the
minors as well as their caretaker.
5 The petitioner has also given an undertaking in paragraph
18 of the petition that in the event this court allows the petition, the
provident fund belonging to said late father of the minors would be
collected from the Employees Provident Fund Authorities and the
same would be deposited with the Nationalized Bank until the said
minors become major.
6 Looking to all the averments that are made in the petition
and which I find to be bonafide, the petition is made absolute in terms
of prayer clauses (a) to (d) which reads thus-
“(a) That notice under section 11 of the Guardian and SectionWards
Act, VIII 1980 may be dispensed with;
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(b) The Petitioner, Savita Sambhaji Sawant, be appointed and
declared as Guardian of minors Pooja Sanjay Sawant and
Vanshika Sanjay Sawant (without security and
(c) The Petitioner, Savita Sambhaji Sawant, in capacity of
Guardian of said minors, be allowed to apply and collect
Provident Fund from Employees Provident Fund Authority
payable on account of the deceased Sanjay Sambhaji
Sawant, to be said minors;
(d) That the petitioner may be granted leave to apply to this
Hon’ble Court as and when the occasion may arise.”
7 The undertaking given by the petitioner in paragraph 18
of the petition is also accepted by the Court. In furtherance of that
undertaking it is directed that the provident fund received by the
petitioner on behalf of the deceased Sanjay Sambhaji Sawant shall be
invested in a fixed deposit of the Nationalized Bank in the name of the
two minors, initially for a period of two years and the same shall be
continued until the said minors become major. It is needless to clarify
that in the event of any difficulty the petitioner is always at liberty to
apply for leave of this Court if any modification of this order is
required. The Guardianship Petition is accordingly disposed of. No
order as to costs.
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