IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GUARDIANSHIP PETITION NO. 7 OF 2019
Ms Usha Sushil Gupta …Petitioner
Mr Bhalchandra G. Saraf for the Petitioner.
I. Koshti Date:
CORAM : B. P. COLABAWALLA, J.
+0530 JUNE 18, 2019.
Heard learned advocate for the petitioner and also
perused the averments in the Guardianship Petition as well as the
additional affidavit filed by the petitioner dated 8 th March, 2019.
Considering the averments in the petition as well as in the additional
affidavit, I am satisfied that no notice is required to be given as
contemplated under Section 11 of the Guardians and SectionWards Act, 1890
(for short “the Act”). In these circumstances, the petition is accepted
and heard finally.
2 The above petition is filed under the provisions of the
Guardians and SectionWards Act, 1890 in respect of the minor son, namely,
Aryan. The minor Aryan is the biological son of the petitioner. The
petitioner was married to one Mr Anuresh Vinay Jain on 15th April,
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2000 and from the said wedlock they had the minor Aryan who was
born on 30th January, 2002 at Mumbai. The petitioner and the said
Anuresh Jain, who were married earlier got a divorce and obtained a
decree for dissolution of marriage from the Family Court, Bandra,
Mumbai dated 31st October, 2012. Subsequent to the aforesaid
divorce, Anuresh Jain (father of the minor) expired on 8 th May, 2015
3 What this petition seeks is the appointment of the
petitioner as a guardian of the properties of minor and to authorize
the petitioner to finalize and execute the necessary documents for
sale (on behalf of the minor) with regard to Flat No. B-304 situated on
3rd floor of Rajendra Vihar Co-operative Housing Society Ltd.
Evershine Nagar, Malad (W), Mumbai – 400 064 admeasuring
approximately 540 square feet (built up area). The aforesaid flat was
purchased in the name of the petitioner along with the minor jointly
under an agreement of sale dated 23rd April, 2012, the details of
which have been set out in paragraph 6 of the petition and paragraph
2 of the additional affidavit.
4 In the petition it is stated that the market value of the
said flat is Rs.71 Lacs and the government valuation which has been
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brought on record shows the market value of said flat at
approximately Rs.61 lacs. The learned advocate appearing on behalf
of the petitioner has stated before me that the sale of the said flat is
now been finalized for a sale consideration of Rs.78,00,000/-.
5 It is stated in the petition that it would be in the welfare
and benefit of the minor if the said flat is sold and the sale proceeds
will be utilized for further studies and education of the minor. It is, in
these circumstances, that the petitioner has prayed for the reliefs as
more particularly set out in the petition.
6 Looking to all the averments that have been made in the
petition as well as in the additional affidavit, and which I find to be
bonafide, the petition is made absolute in terms of prayer clauses (a)
to (e) which reads thus –
(a) The Notice U/Section 11 of the Guardian and Ward Act,
1890 may be dispensed with and/or discharged;
(b) The petitioner may be appointed as a guardian of the
Properties of the said minor Master Aryan Anuresh Jain,
without security/ remuneration with regard to the properties
of the minor as set out in EXHIBIT ‘C’ hereto;
(c) That this Hon’ble Court be please to authorize the Petitioner
to finalize and execute necessary documents for saleon
behalf of the minor with regard to the said Flat No.B-304,
area 540 sq. feet built up, 3 rd Floor, Rajendra Vihar Co-op.
HSG Society Ltd. Evershine Nagar, Malad (West), Mumbai
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(d) The 50 % of the sale proceeds may be directed to deposit
with the Accounts Officer, High Court, Bombay and the
Accounts Officer, High Court, Bombay may be directed to
invest the same in any Nationalized Bank under Fixed
Deposit and the periodically interest may be given to the
petitioner for the maintenance and education of the said
minor till the minor attains the age of majority i.e. 18 years
and after attains the age of majority the amount deposited
with the Accounts Officer, High Court, Bombay may be
handed over to the minor after obtaining appropriate orders
from the Hon’ble Court.
(e) The Petitioner be granted liberty to apply to this Hon’ble
Court as and when occasion arises.”
7 The Guardianship Petition is accordingly disposed of. No
order as to costs.
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