: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 GUARDIANSHIP GUARDIANSHIP PETITION NO. 121 OF 2008 PETITION NO. 121 OF 2008 PETITION NO. 121 OF 2008 Miss. Shraddha Mohan Monde. ... Minor. Mr. Prakash Manaji Monde. ... Petitioner. Ms. Shubhada S. Gokhale for the Petitioner. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 10TH 10TH 10TH DECEMBER 2008. DECEMBER 2008. DECEMBER 2008. P.C. P.C. P.C. : : : . Notice under Section 11 of Guardian and Wards Act was dispensed with when the Petition was accepted by this Court. 2. The consent affidavits are already filed and that is how the Petition was placed for hearing and final disposal today. It is stated in the Petition that the brother of the Petitioner is the father of the minor. In other words, the Petitioner is uncle of the minor. The mother of the minor has expired so also the father. The minor is six years of age. After the death of her parents, the minor daughter was brought by the Petitioner to Bombay. The Petitioner is a Government Servant. The minor was initially put in a Children Care Home but subsequently, the Petitioner is applying for her custody and care. The circumstances in which the request is made :2: are set out in paragraphs 4,5 and 6. The Petitioner being the paternal uncle, his other brother, maternal uncle of the minor have all given no objection to the appointment of the Petitioner. There are no grand parents of the minor. Although the Petitioner’s income is meagre, he has stated that some arrangement is made by him to look after the minor. The deceased brother of the Petitioner is the father of the minor. The father of the minor had one room which can be given on leave and licence and that is how the Petitioner will look after the minor. Considering the fact that the minor was kept in a Children Care Home but the Petitioner is despite his meagre income making an attempt to take care of the child, it would be in the interest of the minor and for her welfare and benefit that the Petitioner who is the paternal uncle is appointed as a guardian of the minor. Considering the tender age of the minor and she is a girl child, it is desirable that she lives in a family for overall and complete growth. In such circumstances and facts peculiar to this case, the Petition is made absolute in terms of prayer clauses (a) and (c). (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)