1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.60 OF 2009 Master Siddhart Arun Shroff .. Minor Mahesh Onkardas Shah .. Petitioner Mr.Gopal Hegde a/w Mr.N.M.Shah for the petitioner. CORAM : A.S.OKA, J. DATE : 12th November 2009. P.C: . Heard learned counsel appearing for the petitioner. The prayer in this petition filed under the provisions of the Guardians and Wards Act, 1890 is that the petitioner be appointed as a guardian of the minor Master Siddharth Arun Shroff. The petitioner is stated to be the maternal grand-father of the minor. The case made out in the petition is that since the year 2004 the minor is residing with the petitioner. The date of birth of the minor is 30th December 1992. It is stated that up to the year 2004, the minor was residing at Burhanpur, Madhya Pradesh with his parents and since the year 2004, he is residing with the petitioner for the purposes of education. It is stated that since then the minor is under the care of the petitioner. The academic record of the minor has been placed on record of the petition by the petitioner. 2. The learned counsel appearing for the petitioner state that the natural parents of the minor Dr.Arun Govinddas Shroff and Smt. Ritu Arun Shroff are 2 personally present in the Court today. He has invited my attention to the affidavit dated 4th November 2009 jointly affirmed by the natural parents. He states that the advocate on record of the petitioner who is instructing him today personally identifies the natural parents of the minor. With the said affidavit, a joint affidavit containing the same statements affirmed by the parents before a magistrate in State of Madhya Pradesh has been annexed. 3. The natural parents recorded their consent for appointing the petitioner as the guardian of the minor in the affidavit which is affirmed before the learned magistrate. The natural parents have stated that from the year 2004 the minor is residing with the petitioner for the purposes of pursuing education in Bombay. It is stated that the petitioner is properly looking after the minor and has been taking care of the minor in all respects. In view of the consent of the natural parents recorded on the affidavit and in view of the averments made in the petition, service of notice to the natural parents is dispensed with, especially, when the natural parents are stated to be personally present in the Court and they have been personally identified by the advocate on record for the petitioner. I am satisfied that it is in the interests of the minor to appoint the petitioner as his guardian. 4. Hence, the petition is made absolute in terms of prayer clause (a). (A.S.OKA,J)