1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION GUARDIANSHIP PETITION NO.117 OF 2008 Zahia Khatun Mohammed Saleem Idrishi .. Petitioner Versus Kutbunnisa Mohommed Idrishi and Ors. .. Respondents Mr.A.K.Saxena for petitioner CORAM : S.C.DHARMADHIKARI, J. DATE : 28th January 2009. P.C. . By this petition, the petitioners are praying that they be appointed as Guardians of the minors who are more particularly described in cause title of the petition. Petitioner No.1 is the mother and Mr.Saxena, after taking instructions makes a statement that the relief be confined to the first petitioner alone. 2 2. First petitioner was married to one Mohammed Salim Idris who has expired at Mumbai, as evidenced by the death certificate issued by the B.M.C. on 11th August 2004. The father expired on 24th July 2004. At the relevant time, the first petitioner and the deceased father of the minors were residing at the address mentioned in the cause title. From their relationship/wedlock the minors are born. The proof of their birth is evidenced by the original documents, copies of which are annexed to the petition. It is stated that petitioner Nos.2 to 6 have given their consent for the petitioner No.1 being appointed as guardian of minor. 3. The purpose for which the relief is sought is that the P.F.dues of the deceased could not be collected in the absence of the petitioners being appointed as guardian. 4. It is stated that all minors are in the 3 care and custody of the petitioners. The minors are presently taking education. In such circumstances, in their interest and welfare, it would be necessary to appoint their mother as guardian. This is to enable her to collect P.F.dues of the deceased and, thereafter, appropriate and adjust it for their welfare and benefit. 5. However, it is directed that the first petitioner shall, after the dues are collected, deposit the entire amount in this Court. The Accounts Officer to invest the said amount in F.D. of any nationalised bank and from the interest accruing therefrom, such sums as may be required for maintainance and welfare of the minors can be withdrawn by the first petitioner. 6. Petition disposed of in the above terms. All concerned to act on authenticated copy of this order. 4 (S.C.Dharmadhikari, J)