1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION GUARDIANSHIP GUARDIANSHIP GUARDIANSHIP PETITION PETITION PETITION NO.54 of 2006 NO.54 of 2006 NO.54 of 2006 Ramakant Ramakant Ramakant Govind Patkar Govind Patkar Govind Patkar ...... Petitioner Petitioner Petitioner Mr.Amit Mr.Amit Mr.Amit Sheth for Petitioner Sheth for Petitioner Sheth for Petitioner CORAM CORAM CORAM : : : SMT R.S.DALVI, J SMT R.S.DALVI, J SMT R.S.DALVI, J DATED DATED DATED : : : 10th January, 2007 10th January, 2007 10th January, 2007 P.C. P.C. P.C. 1.1.1. The petitioner is the paternal uncle of the two The petitioner is the paternal uncle of the two The petitioner is the paternal uncle of the two minors minors minors who are daughter and son of his deceased who are daughter and son of his deceased who are daughter and son of his deceased brother. brother. brother. The minors live with the petitioner’s The minors live with the petitioner’s The minors live with the petitioner’s family family family and are maintained by the petitioner. The and are maintained by the petitioner. The and are maintained by the petitioner. The minors minors minors are are are entitled to death cum-retirement benefit entitled to death cum-retirement benefit entitled to death cum-retirement benefit of of of Rs.1,00,000/- of their father from Naval Rs.1,00,000/- of their father from Naval Rs.1,00,000/- of their father from Naval Dockyard, Dockyard, Dockyard, Mumbai. That amount has not been Mumbai. That amount has not been Mumbai. That amount has not been disbursed disbursed disbursed by Naval Dockyard, Mumbai as they are by Naval Dockyard, Mumbai as they are by Naval Dockyard, Mumbai as they are still still still minors. minors. minors. They have called upon the petitioner They have called upon the petitioner They have called upon the petitioner toto to open a pension a/c in the daughter’s name and a open a pension a/c in the daughter’s name and a open a pension a/c in the daughter’s name and a savings savings savings bank a/c in the son’s name in any bank a/c in the son’s name in any bank a/c in the son’s name in any nationalised nationalised nationalised bank. The petitioner has already bank. The petitioner has already bank. The petitioner has already opened opened opened a a a savings bank a/c in the name of the son of savings bank a/c in the name of the son of savings bank a/c in the name of the son of his his his deceased deceased deceased brother Nikhil Patkar. The petitioner brother Nikhil Patkar. The petitioner brother Nikhil Patkar. The petitioner has has has not opened any a/c in the name of the daughter not opened any a/c in the name of the daughter not opened any a/c in the name of the daughter 2 of of of his deceased brother Krutika Patkar. The his deceased brother Krutika Patkar. The his deceased brother Krutika Patkar. The petitioner petitioner petitioner shall also opened a pension a/c in the shall also opened a pension a/c in the shall also opened a pension a/c in the name name name of the daughter of his deceased brother as of the daughter of his deceased brother as of the daughter of his deceased brother as mentioned mentioned mentioned in the letter of the Naval Dockyard, in the letter of the Naval Dockyard, in the letter of the Naval Dockyard, Mumbai Mumbai Mumbai dated 13th September, 2004 Exhibit H to the dated 13th September, 2004 Exhibit H to the dated 13th September, 2004 Exhibit H to the petition. petition. petition. 2.2.2. It is the contention of the petitioner that all It is the contention of the petitioner that all It is the contention of the petitioner that all the the the pension amounts are required to be credited to pension amounts are required to be credited to pension amounts are required to be credited to a separate a/c for the sake of convenience and the separate a/c for the sake of convenience and the separate a/c for the sake of convenience and the death-cum-retirement death-cum-retirement death-cum-retirement benefit of Rs.1,00,000/- and benefit of Rs.1,00,000/- and benefit of Rs.1,00,000/- and P.F. P.F. P.F. amount and other dues payable to his deceased amount and other dues payable to his deceased amount and other dues payable to his deceased brother brother brother will be credited to another a/c and hence, will be credited to another a/c and hence, will be credited to another a/c and hence, the the the two a/cs are required to be opened in the names two a/cs are required to be opened in the names two a/cs are required to be opened in the names of of of the said two children. the said two children. the said two children. 3.3.3. The petition is made absolute in terms of The petition is made absolute in terms of The petition is made absolute in terms of prayer prayer prayer clause (a). clause (a). clause (a). 4.4.4. The petitioner shall open another a/c which The petitioner shall open another a/c which The petitioner shall open another a/c which will will will be pension a/c in the name of the daughter of be pension a/c in the name of the daughter of be pension a/c in the name of the daughter of his his his brother Krutika Patkar in any nationalised brother Krutika Patkar in any nationalised brother Krutika Patkar in any nationalised bank. bank. bank. 5. Naval Dockyard, Mumbai shall credit the pension Naval Dockyard, Mumbai shall credit the pension Naval Dockyard, Mumbai shall credit the pension amounts amounts amounts payable each month to the a/c in the name payable each month to the a/c in the name payable each month to the a/c in the name 3 of of of Krutika Patkar so opened by the petitiioner. Krutika Patkar so opened by the petitiioner. Krutika Patkar so opened by the petitiioner. 6. Naval Dockyard, Mumbai shall credit the Naval Dockyard, Mumbai shall credit the Naval Dockyard, Mumbai shall credit the death-cum-retirement death-cum-retirement death-cum-retirement benefit benefit benefit of Rs.1,00,000/-, P.F. of Rs.1,00,000/-, P.F. of Rs.1,00,000/-, P.F. amount amount amount and any other dues if any, payable to the and any other dues if any, payable to the and any other dues if any, payable to the petitioner’s petitioner’s petitioner’s deceased brother in A/c No.59219 deceased brother in A/c No.59219 deceased brother in A/c No.59219 opened opened opened in the name of the petitioner’s brother ’s in the name of the petitioner’s brother ’s in the name of the petitioner’s brother ’s son son son Nikhil Patkar in Union Bank of India, Mumbai. Nikhil Patkar in Union Bank of India, Mumbai. Nikhil Patkar in Union Bank of India, Mumbai. 7. It is clarified that both the children shall be It is clarified that both the children shall be It is clarified that both the children shall be equally equally equally entitled to the amounts credited to both entitled to the amounts credited to both entitled to the amounts credited to both these these these a/cs. a/cs. a/cs. 8. The petitioner shall be entitled to withdraw The petitioner shall be entitled to withdraw The petitioner shall be entitled to withdraw the the the amount of Rs.1,00,000/- towards amount of Rs.1,00,000/- towards amount of Rs.1,00,000/- towards death-cum-retirement death-cum-retirement death-cum-retirement benefit benefit benefit and the amount of P.F. and the amount of P.F. and the amount of P.F. and and and invest the same in F.D.R. in the names of the invest the same in F.D.R. in the names of the invest the same in F.D.R. in the names of the two two two minors Nikhil and Krutika showing him as minors Nikhil and Krutika showing him as minors Nikhil and Krutika showing him as guardian. guardian. guardian. The petitioner shall be entitled to The petitioner shall be entitled to The petitioner shall be entitled to receive receive receive interest that accrues due on the F.D.R.each interest that accrues due on the F.D.R.each interest that accrues due on the F.D.R.each quarter quarter quarter for the maintainance of the two children. for the maintainance of the two children. for the maintainance of the two children. 9. Petition is disposed of accordingly. Petition is disposed of accordingly. Petition is disposed of accordingly. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J) 4