1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Guardianship Petition No.98 of 2008 Mrs.Chhaya Kamlesh Ganatra .. .. Petitioner Mr.M.M. Chopra i/by MJ.M. Chopra & Associates for Petitioner. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 20 th August , 2008 P.C. : 1. The Petitioner is the maternal grand- mother of the minor child Devansh Payal Ganatra. The child was born to Ratan Dilip Jhaveri and Payal Ratan Jhaveri (as she then was). Their marriage culminated in a divorce under the judgment and decree dated 9th July 2003 filed in Petition No.F-958 of 2002 in the Family Court at Bandra, Mumbai. In the Consent Terms arrived at between them, which came to be recited in the operative part of the judgment, the permanent custody of the minor son Deyansh was to be with Payal Ratan Jhaveri, his mother. Consequently, the passport of the minor child came to be amended to show his mother's name in the place and stead of his father. The passport of the minor child is now issued in the name of Devansh Payal Ganatra. The minor child resided with his mother who was given his custody. Since her husband was from that time not living with her or the child and hence, in his absence Payal 2 Dilip Jhaveri came to be the legal guardian of the minor child under Section 6 of the Hindu Minority and Guardianship Act, 1956. The minor child's mother Payal expired on 5.4.2008. The Petitioner has produced the death certificate of the mother of the child who was then the legal guardian. The minor child has been living with the Petitioner after the divorce of his parents. The Petitioner has produced the ration card showing the minor child living along with her. 2. It is the case of the Petitioner that the biological father of the minor child Ratan Dilip Jhaveri lives in the locality but has not applied for the guardianship rights or the custody of the minor child Devansh. 3. Under the aforesaid circumstances, the Petitioner is appointed guardian of the minor child Devansh Payal Ganatra. 4. The mother and the legal guardian of the minor child has left behind certain interests and income received from the Post Office Deposits, Banks and Insurance Policies. The minor child would be entitled to those amounts as the estate of his deceased mother. The Petitioner shall apply to all the Banks, Insurance Companies, Mutual Funds, etc. to show 3 the investments of Payal Ganatra in the name of the minor showing her as his guardian. The Petitioner shall not be entitled to withdraw any amount of the investments herself. The amounts of the said investments shall be kept invested from time to time if they mature due during the minority of Devansh Payal Ganatra. The maturity amount shall be paid over to the minor child Devansh Payal Ganatra when he attains majority. 5. The Petition is disposed of accordingly. [SMT.ROSHAN DALVI, J.]