1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Guardianship Petition No.51 of 2008 Salim Mohamedali Daudani alias Dawoodani. ... Petitioner Mr.Jitendra J. Shah for Petitioner. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 25 th June, 2008 P.C. : 1. The Petitioner is the paternal grandfather of the two minor children Sonia Nizar Daudani and Soheb Nizar Daudani. The father of the minor children has expired. The Petitioner has produced the death certificate of the father of the children and the birth certificates of the two children. 2. The Petitioner has also produced the marriage certificate of the parents of the minor children. It is the case of the Petitioner that the mother of the children has left the children and remarried. She has not cared for the children or sought to obtain the custody of the children after the death of the father of the children. The children are stated to be residing with the Petitioner. 3. The Petitioner has produced the ration card, showing the children residing with the Petitioner since 2004. 2 4. It is seen that the mother is the legal guardian of the children. It is only on the averment of the Petitioner in paragraph- 7 of the Petition that the mother has left two minors in the care and protection of the Petitioner that the Petitioner can be appointed guardian of the minor children. 5. The Petitioner is appointed guardian of the two minors Sonia Nizar Daudani and Soheb Nizar Daudani, as their legal guardian has left the minors. It is clarified that if the mother of the minor children desires to take the custody and care for the minor children, she shall be entitled to do so despite this order. 6. There are two Kisan Vikas Patras in the name of the minor Sonia Daudani. The Petitioner's Advocate shall hand over the said two Kisan Vikas Patras to the Accounts Officer, High Court, Bombay. They have matured for payment on 31.9.2006. The Post Master, Rajawadi Post Office, shall issue cheques of the maturity amount together with all interests that has accrued due on the Kisan Vikas Patras until the date of his order in the name of the Accounts Officer, High Court, Bombay. The Accounts Officer shall invest the said amount in FDR in any Nationalized Bank in the name of minor Sonia Daudani until she attains majority. The Accounts Officer shall disburse the amount of quarterly 3 interest on the FDR to the Petitioner for the upkeep and maintenance of the minor children. 7. The Petition is disposed of accordingly. [SMT.ROSHAN DALVI, J.]