IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.96 OF 2008 Rajan @ Vanmala Ratnakar Pitale ...Petitioner Vishlesha Ratnakar Pitale ...Disabled person Ms.Sunita Poddar for Ms. Jyoti Bhatt for Petitioner CORAM: SMT.ROSHAN DALVI, J. DATED: 10TH SEPTEMBER, 2008 P.C. 1. The Petitioner is the biological mother of the disabled person, who is her minor daughter. The Petitioner has made this application for being appointed guardian of a person and property of her minor child, who is mentally disabled. The father of the child has expired. The Petitioner has produced his death certificate. The Petitioner has also produced her marriage certificate as well as her identification through her PAN card issued by the Income Tax Department. 2. The Petitioner as the mother is, therefore, a natural and legal guardian of the minor under section 6 of the Hindu Minority and Guardianship Act, 1956. However, she has applied to be declared guardian under the Mental Health Act, 1987. 3. The Petitioner has produced the disability certificate of the minor child from the All India Institute of Physical Medicine and Rehabilitation, Mumbai as well as the Research Society for the Care Treatment and Training of Children in Need to Special Care. Since the child is disabled and her father has expired, notice of this Petition is dispensed with. 4. The Petitioner, who is the biological mother of the child is appointed Guardian in respect of the person as well as the property of the minor child. 5. Consequently the Petition is made absolute in terms of prayer clauses (b) and (d) also. 6. Petition is disposed off accordingly. (SMT. ROSHAN DALVI, J.)