1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 82 OF 2008 Ms.Shanti Ganpat Raut ...Petitioner Vs. Gurunath Bhimsen Mungekar & 5 Ors. ...Respondents Ms.V.B.Halde for Petitioner Mr.V.M. Purkar for Respondents 1 to 6 CORAM: SMT.ROSHAN DALVI, J. DATED: 12 TH SEPTEMBER, 2008 P.C. 1. This Petition is filed by the maternal aunt of the minor child Abhishek Veersh Mungekar, whose parents have expired. The Respondents are the paternal uncles and aunts of the minor child. The fact that the parents have expired is admitted. The mother expired immediately after the child's birth. The minor child was born on 24 th August, 1997 and the mother expired on 28 th August, 1997. The father of the child has expired thereafter. 2. It is the Petitioner's case that she has taken care of the child from the infancy of the child. The child resided with 2 the Petitioner. The father had come to meet the child on few occasions only. After his death none of the Respondents have come to meet the child or have shown any interest in his upbringing or maintenance. 3. Paragraph 8 of the Petition shows that the deceased father of the child paid some amounts for his maintenance which is stopped since his death. 4. The Respondents have been served notice of this Petition. Upon notice they have filed affidavit in reply. They claim also to be guardians of the child at this late stage. The child is shown to be 10 years old at the time of the filing of the Petition. For a period of 10 years, the Respondents never applied for being declared to be guardian of the child. The minor child has lived with the Petitioner during his entire childhood. He has been maintained and educated by the Petitioner. 5. The Advocate on behalf of the Respondents has drawn my attention to paragraph 8 of the Petition to contend that the Petitioner cannot look after and maintain the minor child and hence it is in the interest and welfare of the minor child that one of the Respondents be appointed as guardian. Paragraph 8 of the Petition mentions the fact that the father 3 had paid Rs.500/- p.m for about one year for the maintenance of the child, but the Petitioner has paid about Rs. 1 lakh or more for his education. Paragraph 8 of the Petition does not show that the Petitioner cannot maintain the child. 6. The Court has to decide between the paternal aunts and uncles who have not applied for being guardians of the child for the first 10 years of the child's life and the maternal aunt with whom the child has lived since the death of his mother almost after his birth. 7. There is nothing to show or suggest that the interest and welfare of the child will not be best maintained by the Petitioner. Hence, the Petitioner is appointed guardian of the minor child Abhishek Veersh Mungekar. 8. The father of the minor child served with the Government. He is entitled to certain pension and other benefits. The Employers of the father shall hand over all the amounts of dues except the pension dues to the Accounts Officer of this Court. 9. Accounts Officer shall invest those dues in FDR of any Nationalised bank. The amounts shall remain invested until 4 the minor attains majority. The interest which accrues due on these amounts shall be handed over by the Accounts Officer to the Petitioner for the maintenance and education of the minor child. 10. The Petitioner as the guardian of the child shall open a separate account of the minor child showing her as his guardian in any Nationalised Bank. 11. The Employer of the father of the minor child shall be informed of the said account. 12. The Employer of the father of the minor child shall credit the pension dues payable to the minor child in the said account. 13. The Petitioner shall be entitled to withdraw the pension dues from the said account from time to time as per her need for the education and maintenance of the minor child. 14. I am told that there are certain arrears of pension amount. Whilst the arrears of the pension accrued, the Petitioner has maintained the minor from her own separate funds. 5 15. The Petitioner shall deposit the entire arrears of pension in the Pension Account opened by the Petitioner as stated in this order. 16. The Petitioner shall thereafter invest half the amount of arrears of pension so paid in a FDR of any Nationalised Bank. The FDR shall continue until the minor attains majority. The Petitioner shall be entitled to withdraw all the interest which accrues due on the FDR for the maintenance and upkeep of the minor child during the minority of the minor. The Petitioner shall be entitled to withdraw the other half amount of the arrears of pension as reasonable reimbursement of the expenses incurred by her on the minor's maintenance since his birth. 17. The right of the minor child Abhishek Veersh Mungekar to make any application as per law with regard to the ancestral property which he would be entitled is reserved. 18. The Petition is disposed off accordingly. (SMT. ROSHAN DALVI, J.)