: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. 123 OF PETITION NO. 123 OF PETITION NO. 123 OF 2008 2008 2008 IN THE MATTER OF Guardians and Wards Act, 1890. Smt. Sita Gulab Parmar. ... Petitioner. Mr. J.M. D’Silva for the Petitioner. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 04TH 04TH 04TH FEBRUARY 2009. FEBRUARY 2009. FEBRUARY 2009. P.C. P.C. P.C. : : : . Mr. D’Silva, learned Advocate appearing for the Petitioner states that the proclamation is issued as required by the Rules. 2. There is no objection raised by anybody concerned with the minor. 3. The Petitioner has filed this Petition claiming appointment as Guardian of two minors one of whom is a male and the other is a female. They are the son and the daughter of one Kalpana Hasmukh Chavhan and Hasmukh Chiman Chavhan. The Petitioner is the grand mother of the minor. The minors’ mother was her daughter. The said Hasmukh was her son in law. The minors are residing with her. The son in law expired on 1st May 2002 as is evidenced by the death certificate. Birth certificates of the minors are annexed. 4. The son in law of the Petitioner was employed with the Life Insurance Corporation of India. He expired :2: prior to the mother of the minors. The minors mother obtained the Succession Certificate but later on she also expired. In such circumstances, the monies which are deposited in this Court by Life Insurance Corporation of India and invested by the Accounts Officer cannot be dealt with further unless the Petitioner is appointed as a guardian of the minors. 5. She has made the necessary declarations on oath. The averments and statements made in the Petition are in conformity with the legal requirements. The Petitioner has no interest adverse to that of the minors. She is residing in Mumbai. She has a immovable property and therefore, is capable of taking care of the minors. 6. In such circumstances, it is held that in the interest of and for the benefit and welfare of the minors, the Petitioner is appointed as guardian of the minors. The amounts which are invested with the Accounts Officer will be deposited in a Fixed Deposit in a Nationalised Bank in the name of the minors and the Petitioner. The Petitioner would be entitled to withdraw such sums, accruing as and by way of interest, purely for the benefit of and welfare of minors. Needless to state that the amount will be spent for the education, welfare and maintenance. The Petition is made absolute in terms of prayer clauses (a) and (b). (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)