Final Order 1

Order Details: Other
Pdf Text: 1 Guardian Petition No.71/19
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
GUARDIAN PETITION NO. 71 OF 2019
1. Mr. Janardan Ganpat Sawant
Aged about 62 years, residing at
Jay Maharashtra CHS Ltd., A2/4,
Opp. “M” East Ward, Govandi (E),
Mumbai 400 043
2. Mrs. Mitali Mayur Chavan,
Aged about 33 years, residing at
Jay Maharashtra CHS Ltd., A3/9,
Opp. “M” East Ward, Govandi (E),
Mumbai 400 043 ...Petitioners.
Appearance: Adv. Ms. Dipashri Raorane and Ms. Pallavai
Kulkarni for the Petitioner.
Coram : Ashutosh N. Karmarkar,
1st Addl. Principal Judge,
(Court Room No. 54)
Dated : 28th February, 2020
ORDER
1. This application is filed for appointment of the applicants
as a guardian of minor Samartha Sawant.
2. The applicant Janardhan Ganpat Sawant is the grandfather
of minor Samartha. He is residing with the applicants. The father of
minor late Sandip Sawant died intestate in train accident on
21.11.2016. Deceased Sandip Sawant was serving in MCGM as a
labour at Bhandup. Deceased was married with Shrusthi on
26.02.2011. After the death of Sandip, Smt. Shrishti got remarried to
Mr. Rohit Yadav on 16.12.2017 and is residing at village Mohlara, Post.
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Rattakalan, dist. Mahendragadh, Haryana. Since then custody of the
minor is with the applicantfather of the deceased. Applicant No. 2
Mitali is the aunt of minor. Applicant No. 2 is the sister of the deceased
Sandip. The minor is entitled to get benefit of his deceased father. For
this purpose, this application is filed. Guardian is to be appointed for
the purpose of betterment, protection and in the interest of minor. The
petitioners have no adverse interest. In support of the application, the
applicant Janardhan and Mitali have filed their affidavits. A public
notice was issued in daily Free Press journal English paper dated
06.11.2019 and in this respect receipt is filed at Exh.5. The objections
if any were called by issuing public notice but nobody has come forward
to raise objection. A notice was also issued to the concerned BMC
where deceased was serving. The said department has filed reply
exhibit3. It shows that the amount towards provident fund of the
deceased Sandip is Rs.4,67,220/ is lying with them. The said
department has sought guardianship certificate so as to disburse the
said amount.
3. I have interviewed the minor Samartha. He has stated that,
he is happy with his grandparents. It appears from interview that the
applicants are taking his care. Copy of affidavit of the widow of
deceased who now got remarried with Rohit Yadav is filed. She has
contended that after second marriage minor is living with the applicant
Janardhan. She has also contended that, she is not willing to act as a
guardian of minor. She has given no objection to appoint the applicants
as a guardian of minor. The biological mother of the minor Samartha
is also interviewed. She is dumb. She can understand by signs. She
suggested to handover the service benefits of the deceased to minor
child. She added that, she does not want anything. She has also given
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in writing vide Exh.4 that she has no objection to appoint the applicants
as a guardian. Considering the material on record and considering
interview of the minor, I am of the opinion that the applicants are fit
person to be appointed as a guardian of the minor. Therefore, I am of
the opinion that the application deserves to be allowed. Accordingly, I
proceed to pass order in following terms.
ORDER
1. Guardian Petition No. 71 of 2019 is hereby allowed.
2. Petitioner Mr. Janardan Ganpat Sawant and Mrs. Mitali Mayur
Chavan, are appointed as Guardian for the person and property of the
minor Master Samarth Sandip Sawant of 08 years.
3. The applicant shall deposit 75% of service benefit receivable after
the death of deceased Sandip Janardan Sawant vide Exhibit3 be
deposited in the name of minor Samarth Sandip Sawant through
guardian in any nationalised bank till he attains age of majority.
4. The applicant shall use all the amounts receivable after the death
of deceased Sandip Sawant towards the benefit and betterment of
maintenance of minor Samarth.
5. Guardian Petition No. 71/2019 is disposed off accordingly.
( Ashutosh N. Karmarkar )
1st Addl. Principal Judge,
Date : 28.02.2020 City Civil Court, Gr. Mumbai.
Dictated on : 28.02.2020
Transcribed on : 09.03.2020
Date of sign : 11.03.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 11.03.2020 2.30 P.M.
NAME OF STENOGRAPHER : S.S.BATHE
Name of Judge (with Court Room No.) Shri A.N. KARMARKAR
(C.R.No.54)
Date of Pronouncement of
JUDGMENT /ORDER
28.02.2020
JUDGMENT /ORDER signed by P.O. on 11.03.2020
JUDGMENT /ORDER uploaded on 11.03.2020
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