Sanjay S/O. Dnyandeo Ranpise v. The State Of Maharashtra

12-IGP22-18.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INDIAN GUARDIANSHIP PETITION NO. 22 OF 2018 Sanjay S/o Dnyandeo Ranpise

...Petitioner

Versus

The State of Maharashtra

...Respondent

Mr Anand Mishra, I/b AM Saraogi, for the Petitioner.

Smt Jyoti Chavan, AGP, for the Respondent-State.

CORAM: G.S. PATEL, J DATED:

5th September 2018 PC:- 1.

Leave to amend to correct the typographical error in paragraph 4 of the Petition.

2.

The application is under Section 7 of the Guardians and Wards Act, 1890 to appoint the Petitioner Sanjay as a guardian of Harshavardhan Sanjay Jagtap, aged 13 years and Ms Swara Sanjay Jagtap, also 13 years. Both children are twins born to one Dr Sanjay A Jagtap ("Dr Jagtap") and Mansi Jagtap. The Petitioner, Sanjay, is Mansi's brother and, therefore, the maternal uncle of the children. Dr Jagtap's own parents died before him. Dr Jagtap died on 11th October 2014. Manasi was unwell, suffering from renal failure, and died on 22nd May 2018.

5th September 2018

12-IGP22-18.DOC 3.

Sanjay says that the two minors are living in his house and have been cared for by him. He has an income of about Rs. 1.3 lakhs per month. He has no interest adverse to that of the minors. 4.

In my view, an order will be necessary not only in the interest of the minors but particularly also for their future education, for production before the authorities and so on.

5.

There is no need to order issuance of notice under Section 11 of the Guardians and Wards Act 1890.

6.

In these circumstances, the Petition is made absolute in terms of prayer clauses (a) and (b).

(G. S. PATEL, J) 5th September 2018