kbp 1 40-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL CIVIL JURISDICTION GUARDIAN PETITION NO.40 OF 2009 Prakash Sakharam Salaskar ..Petitioner. Vs. ......................... ......... Mr.Masurkar a/w.Ms.M.S.Bane, for petitioner. ......... CORAM : A.S.OKA, J.. DATE : 11th November, 2009. P.C. : 1] This petition is shown on the cause list for final disposal. The petitioner is the maternal uncle of minor Mayur Vasant Jadhav. The father of the minor - Vasant Jadhav died on 4th August, 1995. The mother of minor - Smt.Vasudha Vasant Jadhav died on 25th April, 2008. 2] In the petition it is stated that after the demise of the mother, the minor has been residing with the petitioner who is his maternal uncle. In paragraph 12, names of surviving relatives of the minor have been set out. The said relatives are the maternal grand parents, the petitioner and his wife and their two daughters. The petitioner has placed on record affidavit of the minor's grand parents recording their no objection for appointing the petitioner as the guardian of the minor. It is stated in the petition that the only asset held by the minor is the kbp 2 40-09.sxw family pension payable by the Department of Posts as the minor's mother was an employee of the Department of Posts. 3] Considering the averments made in the petition and affidavits filed on record, the petitioner deserves to be appointed as a guardian of the minor. The Post Master of the concerned post office is directed to deposit the pension amount payable upto today and payable hereinafter with the Accounts Officer, High Court, Mumbai. The Petitioner will be permitted to withdraw the said amount till the minor attains majority on condition that the amount shall be utilised for upkeep, education and maintenance of the minor. 4] Accordingly, the petition is allowed in terms of prayer clause "b" to "e". All concerned shall act upon an authenticated copy of this order. ( A.S.OKA, J. )