kbp 1 56-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.56 OF 2009 Vishakha Vishnu Palye ..Petitioner Vs. ........ ..Defendants ......... Mr.Dipak B. Khilari, for petitioner. ......... CORAM : A.S.OKA, J. DATE : 11th November, 2009. P.C. : 1] By this petition filed under the provisions of Guardian and Ward Act, 1890, the petitioner has prayed that he be appointed as the guardian of Master Pratik Ramchandra Palve. The father of the minor died on 27th December, 2003 and mother died on 11th October, 2007. The petitioner is the sister-in-law of the deceased father of the minor. It is stated that the minor is already under the care of the petitioner and no other relatives are ready to take responsibility of the minor. 2] The minor has paternal grand parents, maternal grandmother, two maternal uncles and two maternal aunts. It is stated that the maternal grandfather has renounced the world since last 16 years and his whereabouts are not known. A reliance is placed on the affidavit filed along with the petition, kbp 2 56-09.sxw by which the aforesaid persons have recorded no-objection for grant of prayer made in this petition. 3] There is an account of the minor with Punjab National Bank in which the family pension amount is being deposited. It is disclosed in the petition that the deceased father of the minor was an employee with Balmer Lawrie & Co. Ltd. and the family pension is payable under a scheme after his death. There is a L.I.C. policy of the father of minor and a claim has been lodged for the payment of the amount of the said policy. 4] In view of the averments made in the petition and affidavits filed on record, the petition deserves to be allowed. While allowing the petition, suitable directions will have to be issued as regards the pension amount and the amount payable by Life Insurance Corporation of India. 5] Hence, I pass the following order:- (a) The petition is made absolute in terms of prayer clauses "b" and "c". (b) The Punjab National Bank, Chembur Branch, Mumbai, is directed to transfer the entire amount pending in Saving Bank Account No.2278624 in favour of the Accounts Officer of this Court. (c) The employer of the deceased Ramchandra Shankar Palye shall deposit the family pension amount with the Accounts kbp 3 56-09.sxw Officer, High Court, Mumbai. (d) The amount which is standing to the credit of the minor in the aforesaid saving account shall be invested by the Accounts Officer of this Court with any nationalised bank in a fixed deposit which shall be renewed from time to time till the minor attains majority. The petitioner shall be entitled to withdraw the quarterly interest accrued on the said fixed deposit till the minor attains the majority, subject to the condition that the amount shall be utilised for upkeep, education and maintenance of the minor. (e) The Accounts Officer of the High Court shall permit the petitioner to withdraw the family pension amount received hereinafter till the minor attains the majority. (f) The Life Insurance Corporation of India is directed to deposit the entire amount due and payable under Policy No. 922079275 of late Ramchandra Shankar Palye with the Accounts Officer, High Court, Mumbai. As and when the said amount is deposited, the Accounts Officer of this Court shall invest the same with any nationalised bank in a fixed deposit which shall be renewed from time to time till the minor attains the majority. kbp 4 56-09.sxw (g) In the event, if some amount is required to be withdrawn for the maintenance or eduction of the minor, the petitioner can always apply to this Court for appropriate relief. (h) All concerned including the Punjab National Bank, Chembur Branch, Mumbai and the Life Corporation of India to act upon an authenticated copy of this Order. ( A.S.OKA, J. )