Final Order 1

Order Details: Copy of Judgment
Pdf Text: Guardian Petition No.201/2019 1
Presented on : 13/08/2019
Registered on : 13/08/2019
Decided on : 15/02/2021
Duration : 01Y 06M 02D
IN THE BOMBAY CITY CIVIL COURT AT GREATER
MUMBAI
GUARDIAN PETITION NO.201 OF 2019
(CNR No.MHCC02-008416-2019)
Smt. Sulochana Vasant Nikam ]
Aged about 64 years, ]
Indian Inhabitant ]
R/at: 1/66, Kohinoor Mill ]
Compound, M.J. Phule Road, ]
Naigaon, Dadar (East), ]
Mumbai-400 014. ] … Petitioner
Appearance:
Mr. Tushar Menkudale, Ld. Advocates for the petitioner.
CORAM : H.H.THE ADDL. SESSIONS JUDGE
SHRI. MILIND V. KURTADIKAR
(C.R. No.17)
DATED : 15th FEBRUARY, 2021
(Dictated and Pronounced in Open Court)
JUDGMENT
This is a petition for appointment as a guardian of
minor under the Guardian and Wards Act.
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Guardian Petition No.201/2019 2
2. As per petitioner Smt. Sulochana Vasant Nikam her
son Ajit was working as a Peon MES-607405 (Navy), Mumbai.
He expired on 04.09.2018 leaving behind a minor son Master
Aaradhya Ajit Nikam born on 11.03.2003. As per birth
certifcate issued by MCGM his name was Master Yash Ajit
Nikam. Later on the name was changed through Government
Gazette dated 07.05.2009 from Yash to Aaradhya. After the
demise the ofce of employer i.e. Chief Engineer (Navy),
Mumbai, Assaye building, Colaba, Mumbai has issued a
condolence letter and assuring the assistance of the death
benefts like pension, gratuity and other dues payable to late
Ajit Nikam. The mother of ward Aaradhya is predeceased on
29.08.2013. Petitioner being his grandmother is the only
relative to take care of ward. He is school going child studying
in 8th standard. Petitioner is in need of guardian certifcate for
getting the pensionary benefts of late son Ajit which are
payable to ward Master Aaradhya and LIC policies in the name
of late Ajit.
3. On such petition public notice was issued in
newspapers. The petitioner has fled the service afdavit at
Exh-02 along with copies of newspapers. No one has raised
objection to the claim made by petitioner. Petitioner has fled
her afdavit along with petition stating that she has no
adverse interest against the minor. So also there is afdavit of
her husband Vasant and married daughters Anjani Dalvi and
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Guardian Petition No.201/2019 3
Aruna Shah that they have no objection for issuing guardian
certifcate in favour of petitioner. Petitioners Sulochana also
fled her supporting afdavit along with petition.
4. The petitioner has submitted the letter issued by
employer of late Ajit on record at Exh-03 disclosing the death
cum pensionary benefts of late Ajit.
5. In view of above submission there is no any
impediment in granting the guardianship certifcate as prayed
for in favour of petitioner Smt. Sulochana Vasant Nikam for
person and property for ward Aaradhya Ajit Nikam.
ORDER
1. The Guardian Petition No.201/2019 is hereby allowed.
2. Petitioner Smt. Sulochana Vasant Nikam is hereby
appointed and declared as guardian of person minor Aaradhya
Ajit Nikam.
3. Petitioner is hereby permitted to claim the amount from
death cum pensionary benefts, family pension gratuity, GPF
and other benefts payable to deceased son late Ajit Vasant
Nikam.
4. Petitioner is permitted to claim the amount arising from (i)
LIC policy bearing No.892209460 (ii) LIC policy bearing
No.885151129 (iii) LIC policy bearing No.892268116 (iv) LIC
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Guardian Petition No.201/2019 4
policy bearing No.885151206.
5. Guardian Petition No.201/2019 stands disposed of
accordingly.
Date:- 15.02.2021. (Milind V. Kurtadikar)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 15.02.2021
Transcribed on : 16.02.2021
HHJ signed on : 17.02.2021
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Guardian Petition No.201/2019 5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
18.02.2021 05.14 p.m. Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.17)
Date of Pronouncement of
Judgement/Order.
15.02.2021
Judgement/order signed by
P.O on
17.02.2021
Judgement/order uploaded on 18.02.2021
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