Sonali Vinaykumar Hemani v. -

925-GP20-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 20 OF 2017 Sonali Vinaykumar Hemani

...Petitioner

And Aryan Sonali Hemani ...Minor Mr Abhijit Singh, i/b Anil R Mishra, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

22nd February 2018 PC:- 1.

The Petitioner is the mother and natural guardian of a male minor, Aryan. She divorced his father on 1st October 2007. A copy of the divorce decree is annexed. The minor has share in Flat No. A41, 4th Floor, Ganga Bhuvan CHS, Jai Prakash Road, Versova, Andheri (West), Mumbai 400 061. The Petitioner is the other joint holder.

2.

The Petitioner is self-employed. She provides a tiffin and catering service. Her income is not steady. Her minor son, Aryan, is in the 11th standard and the school fees at this level are about Rs 8 lakhs per annum. The Petitioner, therefore, seeks to sell the flat including the minor's share to raise necessary fees required for his education including his further college and higher education. She 22nd February 2018

925-GP20-17.DOC agrees to keep the minor's share deposited and secured, except for the amount that she needs to draw down to meet his educational costs.

3.

It is in these circumstances that in this Petition under the Guardian and Wards Act 1980, I will dispense with the notice under Section 11 and make the Petition absolute in terms of prayer clauses (b) and (c):

"(b) That the petitioner being mother and natural guardian of the minor son Master Aryan Sonali Hemani be appointed (without security and without remuneration) as a guardian of the minor;

(c) That the petitioner may be granted leave to apply to this Hon'ble Court as and when occasion may arise;"

4.

The Petition is disposed of in these terms. No costs. (G. S. PATEL, J) 22nd February 2018