Salimunnisa Siraj Ahmad And ANR v. The State Of Maharashtra Thr Regional Provident Fund Commissioner And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1461 OF 2025 Salimunnisa Siraj Ahmad and Anr. .....Petitioners Vs.

Digitally signed by NIKITA KAILAS DARADE Date:

2025.02.11 10:31:16 +0530 NIKITA KAILAS DARADE The State of Maharashtra Through Regional Provident Fund Commissioner and Anr. ...Respondent Mr. Abhang Suryavanshi i/b Mr. Narayan G. Rokade for the Petitioner.

Mr. M. M. Agavekar for the Respondent No.1.

Ms. N. M. Mehra, AGP for the State.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 4th FEBRUARY, 2025 P.C. :- 1.

Heard, the learned Advocates for the Petitioners and the Regional Provident Fund Commissioner.

2.

The Regional Provident Fund Commissioner has already informed the Petitioner No. 1 (who is the widow of the deceased employee), that since the deceased and the widow belong to the Mohammedan religion, a Guardian Certificate would be necessary considering the provisions of the Muslim Personal Law. She will Nikita

11-wp-1461-2025.odt have to apply for a Guardianship Certificate in relation to her minor children and tender the same along with the bank account details which would enable the Authorities to deposit the P. F. accumulations and other benefits in the said bank account. 3.

The learned Advocate for the Petitioner/widow submits that she would initiate appropriate proceedings for claiming Guardianship Certificate and after she receives the same, she would tender the Certificate along with the bank details to Respondent No.1.

4.

Considering the above statements, this Writ Petition is disposed off.

5.

We are sure that the Regional Provident Fund Commissioner would act with promptitude after the Guardianship Certificate and the Bank details are tendered by the Petitioner in his office.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Nikita