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Bombay High CourtGP/13/2015disposed off

Rajnikanth Bulakhidas Shah v. Master Darshil Amitkumar Shah (Minor)

2017-01-17Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 51.GP-13-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.13 OF 2015 WITH CHAMBER SUMMONS (L) NO.537 OF 2015 WITH CHAMBER SUMMONS (L) NO.1873 OF 2015 IN GUARDIANSHIP PETITION NO.13 OF 2015 Rajnikanth Bulakhidas Shah ....Petitioner V/s.

Master Darshil Amitkumar Shah ....Minor ---- Mr. Zaid Ansari for the petitioner.

---- CORAM : K.R.SHRIRAM,J DATE : 17th JANUARY, 2017 P.C.:- The petitioner is the paternal grandfather of the minor - Master Darshil Amitkumar Shah (minor) and the present petition is filed for his appointment as a guardian of the person and property of the minor under the provisions of Section 10 of the Guardians and Wards Act, 1890.

The minor was born on 23rd April, 2001 to one late Mr. Amitkumar Shah and late Mrs. Mitalben Amitkumar Shah (parents). The minor was the only child of parents. The parents died in an unfortunate motor accident on 18th May, 2005. It is also stated Gauri Gaekwad

2/2 51.GP-13-2015.doc that ever since the demise of the parents the minor has been residing with the petitioner and the petitioner has been looking after the welfare and affairs of the minor. It is also stated that during the pendency of this petition, the petitioner's wife - Jyotsna Rajnikant Shah expired on 23rd January, 2015. From the minor's maternal side it is stated that the grandfather has expired but the grandmother and the minor's late mother's brother are alive. Both these persons have filed affidavits of consent, which are annexed to the petition at Exhibit 'U' and Exhibit 'V'. Both have given their no objection to the petitioner being declared as a guardian of the person and property of the said minor.

In the circumstances, the petition is made absolute in terms of prayer clause - (a) which reads as under : "(a) This Hon'ble Court be pleased to pass an appropriate order, thereby appointing the petitioner herein as a guardian of the person and property of the said minor."

All concerned to act on a copy of this order duly authenticated by the Associate of this court. (K.R.SHRIRAM,J) Gauri Gaekwad