Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment 1 Guardian Petition No. 92/19
Received on : 10.04.2019
Registered on : 12.04.2019
Decided on : 27.10.2021
Duration : 02 06 16
Y M D
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY.
GUARDIAN PETITION NO.92 OF 2019
(CNR No.MHCC02-002060-2019)
1. Sunil Shankar Wadkar
Age: 50 years, Occ: Service
2. Shraddha Sunil Wadkar
Age: 47 years. Occ: Housewife
Both R/o: Room No.8, Jagdamba
Chawl, Majas Road, Datta Tekadi,
Jogeshwari (E) Mumbai- 400060. ..Petitioners
Appearance :
Ms. Ranjana Humane09, Advocate for the Petitioners.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 27th October, 2021.
JUDGMENT
1. The petitioner filed this petition under section 8 of The
Guardians and Wards Act, 1890 for appointment of them as a guardians
of minor Aishnee Anil Wadkar.
2. The facts in brief are as under;
Petitioner no.1 & 2 are married on 06/06/1994. During said
wedlock they have two sons namely Sandesh and Aayush. Petitioner
no.1 is working as a worker at Sankalp Fabrics at Kalbadevi, Mumbai.
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Judgment 2 Guardian Petition No. 92/19
Petitioner no.2 is a housewife. Monthly salary of petitioner no.1 is
Rs.18,750/-. Initially petitioners with their family were residing in
joint family consisting mother of petitioner no.1 his brother Anil
Wadkar, his wife Nishtha Wadkar and his daughter Aishnee. Aishnee
was born on 19/8/2008. She is in minor. Aishnee’s mother Nishtha
Wadkar died intestate on 12/06/2016 and Anil Wadkar died on
23/12/2018. Aishnee is only legal heirs of deceased Anil Wadkar and
Nishtha. The real sister of Nishtha has given no objection in respect of
appointment of guardians to petitioners.
3. According to the petitioners, late Anil Wadkar was serving as a
Drafts man with Genesys Corporation International Ltd.. After death of
Anil petitioners had gone to the office of Anil to collect the gratuity and
provident fund on behalf of Aishnee. However, the office directed to
produce guardianship certificate. Petitioners are taking care of Aishnee
after the death of her parents. They are giving proper education and
support to Aishnee and hence, in the welfare of Aishnee it is necessary
to appoint petitioners as a guardians of Aishnee.
4. Public notice and citation issued in daily news paper. However, no
one raised objection. It appears that minor Aishnee lost her parents
and she is their only daughter. Her father Anil was working in Genesys
Corporation International Ltd. Company. It has come on record that at
present Aishnee is residing with petitioners. Petitioner no.1 is real
brother of Aishnee’s father Anil. Petitioners are taking care of Aishnee
and they are incurring her educational expenses. It is also reported by
Genesys Corporation International Ltd. Company that an amount of
Rs.4,18,589/- including Gratuity, leave encashment, salary arrears and
contribution of deceased Anil is due and the amount is receivable to
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Judgment 3 Guardian Petition No. 92/19
minor of deceased an ex-employee of the Company.
5. As stated above the amount is lying in the company. It is
necessary to release the amount in the name of Aishnee through her
guardians for her welfare and support. Petitioner no.1 is uncle and
petitioner no.2 is wife of petitioner no.1. Hence, they are fit persons to
appoint guardians of Aishnee Anil Wadkar. Hence, following order.
ORDER
1. Guardian Petition No.92/2021 is allowed.
2. The petitioner no.1 Sunil Shankar Wadkar, aged 50
years and petitioner no.2 Shraddha Sunil Wadkar, aged
47 years are appointed as a guardians of the person and
manager of the properties of minor Aishnee Anil Wadkar.
3. Petitioners being guardians of minor Aishnee are entitled
to get amount of Rs.4,18,589/- in the name of Aishnee
from the Company and petitioners are further directed to
invest the said amount of minor Aishnee in any
Nationalized Bank till she attains majority.
4. Petitioners further directed to submit the receipt of fixed
deposit receipt in the Court.
5. Guardian Petition No. 92/2021 is disposed off accordingly.
(G.B.Gurao)
Addl. Session Judge
Gr. Bombay.
Date: 27.10.2021.
dictated on : 27.10.2021.
Transcribed on : 27.10.2021.
Date of sign : 27.10.2021.
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Judgment 4 Guardian Petition No. 92/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
27.10.2021. Mrs. S.S.Sawant
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 27.10.2021.
Order signed by P.O. on 27.10.2021
order uploaded on 27.10.2021
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