IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.100 OF 2008 Ronak Ramesh Mewadi ...Minor child Mrs. Kiran Chandrakant Solanki @ Mrs. Kiran Ramesh Mewadi ...Petitioner Mrs. Suman Jain for Petitioner CORAM: SMT.ROSHAN DALVI, J. DATED: 10TH SEPTEMBER, 2008 P.C. 1. The Petitioner is the natural and biological mother of the minor child. Her husband has expired. The Petitioner has produced the death certificate of her husband and the birth certificate of the minor child. The Petitioner becomes the only natural and legal guardian of the minor child upon the death of her husband. That legal status continues for the rest of the life of the Petitioner. The Petitioner is not required to be declared a legal guardian by any Court. Nevertheless, it is stated that Western Railways has refused to accept the Petitioner as the legal guardian of the minor child in respect of the benefits that the minor child would obtain as the heir of his deceased father, because the Petitioner has remarried. 2. It is clarified that remarriage cannot effect the legal relationship of the guardian and ward between biological mother and her child. 3. No notice to any other party is required. Hence, notice is dispensed with. 4. The Petitioner is declared as the legal guardian of the minor child Ronak Ramesh Mewadi. 5. The Western Railway/Union of India shall pay the entire amount of family pension to the minor child through the Petitioner as his legal guardian. 6. The Petitioner shall open a separate bank account for this purpose. 7. Western Railway shall credit the pension amount to the said account. 8. The Petitioner shall be entitled to utilise the said amount for the maintenance and education of the minor child. 9. The Petition is disposed off accordingly. (SMT. ROSHAN DALVI, J.)