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Savita Sambhai Sawant vs Pooja Sanjay Sawant And Vanshika … on 14 June, 2019

901.gp.6.2019.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.

GUARDIANSHIP PETITION NO. 6 OF 2019

Savita Sambhaji Sawant …Petitioner

…..
Mr Sameer K. Sawant for the Petitioner.
Digitally signed …..
by Dhanappa I.
Koshti
Dhanappa
I. Koshti
Date:
2019.06.14 CORAM : B. P. COLABAWALLA, J.

18:41:19
+0530 JUNE 14, 2019.

P.C. :

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

accepted.

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
remuneration);

(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.

(B.P.COLABAWALLA, J.)

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