Suman Shivbahadur Singh v. Anvi Amit Singh And Virat Amit Kumar Singh (Minor)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 16 OF 2025 ... Petitioner _______________________________________ Mr. Jaywant Kamble for Petitioner.

_______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE :

20th JANUARY 2026 ORDER:

1.

The present Guardianship Petition has been filed seeking appointment of the Petitioner as the Guardian of her grandchildren, Anvi Amit Singh and Virat Amit Kumar Singh (Wards), and for permission to utilise and expend the movable and immovable properties of the Wards necessary for their welfare, upbringing, and overall betterment.

2.

The Petitioner has stated that the Wards are minors and reside with the Petitioner, who is their maternal grandmother.

3.

It is stated that both parents of the Wards, namely Mr. Amit Bhupsingh Singh and Mrs. Priya Amit Singh (deceased parents), passed away on 9 June 2024 and 31 March 2021, respectively. It is further stated that both paternal grandparents of the Wards, namely Mr. Bhupsingh Rajpati Singh and Mrs. Gulabi Bhupsingh Singh, passed away on 8 March 2024 and 10 July 2024, respectively. As regards the other relatives of the Wards, it is stated that there are three paternal aunts, all of whom are married and residing in their respective matrimonial homes. 4.

The Petitioner seeks her appointment as Guardian of the Wards in respect of the movable and immovable properties that the Wards may derive from their parents, as well as from any educational aids received in the future. 5.

It is stated that there is no other close or near relative better placed than the Petitioner to look after the Wards. The Petitioner further states that she is working as a housemaid having approximate annual income of 4,00,000/- per annum and has the requisite means, capacity, and ability to provide for the Wards maintenance, education and upbringing.

6.

The Wards are presently minors, and the Petitioner is stated to have been responsible for their upbringing and education since the demise of their parents. The

Petitioner has tendered an Affidavit-in-Support stating that the Petitioner's husband and daughters have no objection to her being appointed as the Guardian of the Wards. 7.

The Petitioner submits that no Guardian has been appointed for the Wards prior to the filing of the present Petition, nor has any application seeking such appointment been made either before this Court or before any other Court. 8.

This Court has considered the averments made in the Petition. The present Petition is maintainable under Section 7 of the Guardians and Wards Act, 1890. The Wards have been residing with the Petitioner, who has been attending to their welfare after the demise of their deceased parents. The Petitioner has sought her appointment as Guardian of the Wards to manage their affairs and their movable and immovable properties in their best interests and for their welfare. 9.

This Court has also heard Mr. Jaywant Kamble, learned Counsel for the Petitioner and upon considering the submissions made by him, this Court is of the view that, in the interest and welfare of the Wards and for safeguarding their rights, the Petitioner is required to be appointed as the Guardian of the Wards viz. her grandchildren, Anvi Amit Singh and Virat Amit Kumar Singh.

10.

Accordingly, the following order is passed:

:: ORDER ::

(i) The Petition is allowed in terms of prayer clauses (A) and (B), which read as under :

(A) In aforementioned circumstances, it is humbly prayed to this Hon'ble Court that instant petition may kindly be accepted and the petitioner may be appointed as Guardian of the persons of the minor's Mst. Anvi Amit Singh & Mst. Virat Amit Singh and property which they will derived form their parents and from educations aid's in future. (B) Furthermore, permanent custody of the minor may be granted to the petitioner. (ii) The Guardianship Petition is accordingly disposed of. (iii) There shall be no order as to costs.

by JYOTI PRAKASH PAWAR Date: 2026.01.28 11:01:35 +0530 JYOTI PRAKASH PAWAR ( FARHAN P. DUBASH, J. ) Jyoti Pawar