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Judgments of Supreme Court of India and High Courts

Triveni Pankaj Sawant vs Parthvi Sushil Deshmukh (Minor) on 9 January, 2019

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In the matter of Guardian and Wards
Act VIII of 1890 ;
In the matter of MISS. PARTHVI

Triveni Pankaj Sawant Maternal Aunty of minor )….Petitioner


Mr.Ashish J.Dubey for petitioner.

[Petitioner and her husband-Mr.Pankaj Sawant present in court].


DATE : 9.1.2019


1. Heard the counsel and also considered the petition and the

additional affidavit of petitioner affirmed on 9.1.2019. Petitioner is

present in court. Mr.Dubey states that petitioner’s husband Pankaj

Sawant is also present in court and identify both of them.

2. Petitioner is the maternal aunt i.e. mother’s sister of the

minor Parthvi Sushil Deshmukh who was born on 6.6.2006. The

biological father and mother of the minor expired on 20.5.2007 and


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15.3.2017, respectively. It is stated that the minor has been living

with petitioner since 15.3.2017, the date on which the minor’s

biological mother expired. Petitioner also stated that day-to-day

expenses of the minor is being met by her husband. Even the school

fees, tuition fees have been paid by the husband of petitioner.

3. The husband of petitioner Pankaj Sawant who is present in

court states that he has no objection to the reliefs as prayed for being

granted. Both of them assure the court that they will take best care of

the minor.

4. In the circumstances, petition allowed in terms of prayer

clauses-(a), (b), (c), (d) and (e) and disposed accordingly. Prayer

clauses-(a), (b), (c), (d) and (e) read as under :-

“(a) that this Hon’ble Court may dispense with the Notice
under Section 11 of the Guardians and Wards Act 1890 ;

(b) that the Hon’blle Court may appoint the petitioner
being the maternal aunt of the minor Miss. Parthvi Sushil
Deshmukh as a Guardian of the said minor and property
without any remuneration ;

(c) The petitioners may kindly be declared the Guardian of
the above said minor to receive and withdraw the pension
amount arrears if any as shares of minor from ASIAN
STAR CO. LTD., employer of the said deceased mother for
betterment, upkeepment, education and welfare of the said
minors ;


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(d) A direction may be issued to State Bank of India,
Lalbaug Branch, to open an account in name of Minor Miss.
Parthvi Sushil Deshmukh through Petitioner as a
guardian ;

(e) that the Personnel Manager/Head of Human Resources
Department of ASIAN STAR CO. LTD., may kindly be
directed to forward the amount of provident fund, and
pension including arrears if any payable to the above said
minor, directly to the bank account at State Bank of India,
Lalbaug Branch.”

5. Asian Star Company Limited is directed to remit all the

amounts payable to the deceased mother of the minor directly into the

account to be opened by petitioner. Petitioner not to withdraw the

amounts without leave of the court. The bank also has to ensure that

there shall be no withdrawal from the account.



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