1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.1 OF 2009 Behram Ratanji Munshi Parsi and Anr. .. Petitioners Mrs.P.Abhyankar for petitioners CORAM : S.C.DHARMADHIKARI, J. DATE : 25th March 2009. P.C. . From the affidavit proving service, I am satisfied that petition is duly served inasmuch as notice was duly published as per the Rules but none is appearing to oppose the request of petitioners for appointing them as guardians of minor. 2. The jurisdiction under the Guardianship Act is invoked on the basis that the daughter of petitioner got married on 12th February 1987 and 2 the two minors were born in the year 1998. It is stated that the husband of petitioners’ daughter left the matrimonial home some time in or about 16th July 1998 and has not communicated with anybody. He has not been seen by either the petitioners or their daughter, who could be the only persons who could have noticed him and would have normally and ordinarily be aware of his whereabouts. There are complaints lodged and reference is made to the police complaints dated 12th November 2008. The police complaint was made because even the daughter of the petitioners and mother of minors has left the matrimonial home on 16th July 2005 and has not been in any contact with the petitioners or any of her relatives. Thus, the minors are left to the care and custody of the petitioners. Their father has not been heard of since 16th July 1998 and the mother also has left the matrimonial home on 16th July 2005. 3 3. Reliance is placed upon Exh.C which is a declaration of the mother of the minors who has stated that she has decided to leave the house of her parents after her husband deserted her. She has stated that she has voluntarily and wilfully handed over custody of the minors to her parents and would have no objection if her parents look after and take care of children. I have perused the original declaration. Thus, the grand parents of the minors are before me seeking custody of minors and their appointment as guardian of minors. 4. My attention is also invited to the declaration given by the brother of the minors who is now a major. He is in Australia for further studies. Further, the brother of minors’ mother also has given the consent affidavit. There are no properties, no bank accounts and there is no source of income as far as parents of minors. All that is stated is that the parents 4 have deserted the children and, therefore, they are in the custody and care of the petitioners. The petitioners as grand parents have given necessary declarations. I am satisfied that interest of justice of minors would be sufficiently protected, and the petition is made absolute. It is in their welfare and for their benefit that the petitioners should be appointed as their guardian. Petition is made absolute in terms of prayer clauses (a) and (b). (S.C.Dharmadhikari, J)