1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INDIAN GUARDIANSHIP PETITION NO.119 OF 2008 Shri Talak Velji Shah & Anr. ...Petitioners. .... Mr. P.B. Shah for the Petitioners. ..... CORAM : DR.D.Y.CHANDRACHUD, J. July 29, 2009. P.C. The Guardianship Petition has been instituted for the appointment of a guardian for Manisha who was born on 29th August 2009. The father of the minor child was the brother of the First Petitioner. The Second Petitioner before the Court who is a Dentist, is the spouse of the First Petitioner. The minor child was taken in adoption from the Missionaries of Charity at Secunderabad in March 2001. The parents of the minor child were granted custody by the City Civil Court of Hyderabad on 31st January 2003 on a petition filed under Section 9 of the Hindu Adoption act, 1966 (O.P.No.2250 of 2002). 2 2. The father of the child, Mr.Harish Gala, died on 7th March 2008, while her mother died on 5th June 2008. The mother of the child is alleged to have executed a will on 29th May 2008. After the death of the mother, the Petitioners are stated to have brought the child to Mumbai and the child is now residing with the Petitioners. The child is studying at the Vikas High School at Vikhroli. 3. The Petitioners have also adopted a female child on 5th February 1993. The mother of the First Petitioner who is aged about 85, resides with the Petitioners. 4. The relief that has been sought in these proceedings is for the appointment of the First Petitioner as the guardian of the estate and person of Manisha. On the request of the Learned Advocate, leave has been granted to carry out suitable amendment in the prayer clause. The amendment may be carried out forthwith. During the course of the hearing, this Court has indicated to the Learned Advocate for the Petitioners that it is not the testamentary jurisdiction of this Court which is invoked in these proceedings. Consequently, 3 any relief sought qua the alleged Will dated 29th May 2008 will have to be adjudicated in a separate proceeding. At this stage, from the material on record, it is evident that upon the death of her parents, Manisha is residing with the Petitioners. The circumstances which have been placed on record would indicate that the welfare of the minor child requires appointment of a guardian. The Petitioner is fit to be appointed as such. 5. In these circumstances, the petition is disposed of by appointing the First Petitioner as guardian of the minor child, Manisha. There shall be an order in these terms. ......