1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. GUARDIANSHIP PETITION NO.32 OF 2009 Kritika Mukesh Shewale ..Minor. Pranita Prakash Navge ..Petitioner. ..... Mr. R.M. Nakhwa with Mr. Vasant Dhawan for the Petitioner. Mr. Rohan P. Surve for the Respondent. ....... CORAM : DR. D.Y. CHANDRACHUD, J. 16th September, 2009. P.C. : 1. The Petitioner is the maternal grandmother of Kritika Mukesh Shewale who was born on 8th February, 2006. The mother of the minor child is alleged to have died an unnatural death on 21st April, 2008. The father of the child Mukesh Manohar Shewale has been charged with the commission of an offence punishable under Sections 302, 201 and 498-A of the Penal Code. The child is presently in the custody of the Petitioner. The deceased mother of the minor child has left behind her, her spouse who is presently an under trial and is lodged at the Thane Central Prison 2 and her minor daughter. The Petition is for seeking guardianship. By an order of this Court dated 8th July, 2009 the registry was directed to issue notice to the father of the minor child at the Central Prison, Thane. In pursuance thereof appearance has been entered on behalf of Mukesh Manohar Shewale by learned counsel. The learned counsel has placed on the record a letter of instructions addressed to him by the father of the minor child from jail. In the letter the father has stated that he has no objection to guardianship being granted to the Petitioner subject to the condition that upon the conclusion of the criminal case, guardianship should be restored to him. He has also made certain submissions on the merits of the charge against him. The merits of the charge against the father do not fall for determination in these proceedings. 2. Having regard to the circumstance that the child is a little above three years of age and is presently in the custody of the maternal grandmother and having due regard to the fact that the father is lodged at Thane Central Prison as an under trial on the charge that he had committed the murder of the mother of the minor child, it is appropriate 3 and in the interest of justice that the Petition for guardianship which has been preferred by the maternal grandmother should be allowed. This will be in the interest of the welfare of the minor child. However, it would be necessary to clarify that the order for guardianship that has been passed would not preclude the father Mukesh Manohar Shewale from making an appropriate application before this Court, upon the conclusion of the trial in the criminal case for suitable directions as to guardianship. Subject to the aforesaid, the Guardianship Petition is made absolute in terms of prayer clauses (b), (c), (d) and (e). *****