:1: :1: :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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 42 OF 2008 In the matter of Guardian and Wards Act VIII of 1890 AND In the matter of Master Ganesh Sambhaji Pawane and Kum.Deepali Sambhaji Pavane Mr.Maruti Ganu Pawane ....Petitioner. ====== Mr.Machindra Deshmukh i/by. Mr.P.G.Chavan Adv. for the petitioners. CORAM: S.C.DHARMADHIKARI, J. DATED: 4TH APRIL, 2008. P.C. P.C. P.C. : : : 1. The petition is filed by the grandfather of the Minors. The petitioners son (the deceased) was serving with the BMC B.E.S.T Undertaking as a Bus Driver. He has expired and thereafter the mother of the Minors also expired. 2. The petitioner is the grandfather of the :2: :2: :2: Minors and the Minors are presently in his custody. He is looking after the Minors. The petition is filed, so that the Employer releases the pension amount. The petitioner has stated that he is aged 71 years. The other relatives from the paternal side have given their consent to the appointment of the petitioner as a Guardian. The petitioner has stated in para-6 of the petition that the Minors have one maternal Uncle and Maternal Grandfather. The maternal Grandfather has renounced the world and has maintained no contacts with the family for the last more than 15 years. Therefore, there are no relations from the mother’s side. The maternal Uncle of the Minors has given an Affidavit and has stated that he has no objection if the petitioner is appointed as their Guardian. The petitioner is aged 71 years of age and has stated that presently he does not suffer from physical or mental ailment. He is looking after the children. He has stated that they are residing with him and he is desirous of giving them Education, so also, looking after their health properly. The petitioner has opened a Saving Account in the State Bank of India, Treasury Bank, Karad, the details of which are mentioned in prayer clause (c) of :3: :3: :3: the petition which is a joint Account with the Minors. The petitioner has stated before me that upon appointment the petitioner will take necessary steps, so that, considering the age of the petitioner after him, the Minors do not suffer. The petitioner himself is residing with his two sons. However, his major sons would not operate the subject Account and it is agreed by the petitioner that the Joint Account in the name of the Minors, should upon the petitioners demise or the petitioners ceasing to be a Guardian be operated by the Officer of the Local court. Thus, the major sons of the petitioner should not operate this Account. After the petitioner, this Account would be operated by such Officer of the District/Local Court as is designated by the District Judge. 3. Presently, the B.E.S.T is yet to release the pension. In such circumstances, petition is made absolute in terms of prayer clause (a) to (d). If the petitioner receives the amount of the pension and the same is credited to the above Account, he is at liberty to seek further directions. Petition disposed off. :4: :4: :4: . Certified Copy expedited. sd/- **********