1 GP.40/10 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.40 OF 2010 Smt. Devalben Mithalal Mewade ...Petitioner Mr. Vasant Dhawan, Advocate for the Petitioner CORAM : SMT. ROSHAN DALVI, J. DATED : 5TH OCTOBER, 2010 P.C. : 1. The Petitioner is the maternal grandmother of the minor child Mamta Shamji Vatwasha. The parents of the minor child have expired. The Petitioner has produced the birth certificate of the minor child and the death certificates of the parents of the minor child. 2. It is the case of the Petitioner that minor child resided with the Petitioner since her birth and that she has been in her care and custody. It is also her case that there are no other heirs and legal representatives of the parents of the minor child. 3. I have interviewed the minor child. She studies in standard X in Hume High School. She lives in Mazgaon, Mumbai with her 2 GP.40/10 maternal grandmother. She has stated that she has always lived with her grandmother. She also confirmed that there are no other heirs of her parents. 4. The Petitioner is appointed Guardian of the person and property of the minor child Mamta Shamji Vatwasha. The Petitioner shall be entitled to apply for the death-cum-retirement benefits of the father of the minor child Shamji Vatwasha, who served in the MMC, D-Ward, Mumbai as the Guardian of the minor child. 5. The MMC shall issue a cheque for all the death-cum-retirement benefits excluding pension of Shamji Vatwasha in the name of the minor child to the Petitioner as her Guardina. 6. The MMC shall disburse the Family Pension amounts from month to month to the Petitioner in the name of the minor child. 7. The Petitioner shall open a Bank Account in the name of the minor child and deposit all the cheques received for Family Pension amount from MMC in the name of the minor child therein. 8. The Petitioner shall invest the cheque received in the name of the minor child towards the other death-cum-retirement benefits of Shamji Vatwasha with regard to the gratuity, provident fund etc. in an FDR in any nationalised bank initially for a period of three 3 GP.40/10 years. 9. The minor child shall be entitled to withdraw the amount in the FDR along with all accrued interest thereon upon she attaining the majority. 10.The Petitioner shall be entitled to withdraw the pension amount received by the minor child for the education and maintenance of the minor child during her minority. 11.The Petition is disposed off accordingly. (SMT. ROSHAN DALVI, J.)