Bipin Chimanlal Modi v. Sachie Kalpesh Modi And Master Shaurya Kalpesh Modi (Minor)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.8 OF 2017 Mr. Bipin Chimanlal Modi ....Petitioner Vs.

Ms. Sachie Kalpesh Modi and Master Shaurya Kalpesh Modi ....Minors ---- Mr. Vijay Dhananjya Upadhyay for the petitioner. ---- CORAM : K.R.SHRIRAM, J.

DATE : 10th MARCH, 2017 P.C.:

This guardianship petition is filed by the petitioner to declare the petitioner as the guardian of the person and property of minors - Ms. Sachie Kalpesh Modi, aged 9 years and Master Shaurya Kalpesh Modi, ages 6 years. Ms. Sachie was born on 24th September, 2007 and Master Shaurya was born on 5th June, 2010.

The petitioner is the paternal grandfather of the two minors. The parents of the minors - Mr. Kalpesh Bipin Modi and Mrs. Kejal Kalpesh Modi died intestate in an unfortunate motor accident on 18th December, 2016 at Buldhana District, State of Maharashtra. The paternal grandmother of the minors - Mrs. Panna Bipin Modi and the maternal grandparents - Mr. Bharat Kantilal Shah and Mrs. Dipika Bharat Shah have all filed affidavits, all dated 9th March, 2017 confirming the averments made in the petition and also according their no objection for grant of the relief sought Gauri Gaekwad

2/2 905.GP-8-2017.doc in the petition. It is also stated that from the time of the death of the parents, the minors have been residing with the petitioner and his wife - Mrs. Panna Bipin Modi. It is also stated that the minors need to be protected, particularly, to take care of the education and well being of the two minors. The petition is filed under Guardians and Wards Act, 1890. Considering the facts and circumstances of the case and in view of the affidavits filed by the paternal grandmother and the maternal grandparents of the minors, I find no impediment in the grant of relief sought in the petition.

The petition is made absolute in terms of prayer clauses -(a) and (b) which read as under :

"(a) the notice under Section 11 (1) (a) of the Guardians & Wards Act, 1890 (Act VIII of 1980) may be dispensed with; (b) this Hon'ble Court be pleased to declare the petitioner as the guardian of the person and property of minors (i) Miss Sachie Kalpesh Modi and (ii) Master Shaurya Kalpesh Modi, residing with the petitioner at Flat No.506, Shashi Apartment, 5th Floor, Aarey Road, Goregaon (East), Mumbai - 400 063 without any remuneration and without the security of the property and/or person."

(K.R. SHRIRAM, J.) Gauri Gaekwad