Mohit Kamaldas Pardeshi vs Mrunmayee Manoj Joshi (Minor)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY AND ORIGINAL CIVIL JURISDICTION

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GUARDIANSHIP PETITION NO. 1 OF 2025

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MOHIT KAMALDAS PARDESHI ) KOYAL MOHIT PARDESHI )...PETITIONERS MRUNMAYEE MANOJ JOSHI )...MINOR

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Mr.Jaydev Trivedi a/w. Mr.Varun Sampat, Advocate for the Petitioners. Mr.Mohit Pardeshi, Petitioner No.1 and Mrs.Koyal Pardeshi, Petitioner No.2 along with their minor son Master Kavyansh Pardeshi (present in Chamber

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Kum.Mrunmayee Joshi, Minor, present in Chamber.

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CORAM : ABHAY AHUJA, J.

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RESERVED ON : 6^th MARCH 2025 PRONOUNCED ON : 24^th APRIL 2025

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ORDER :

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This Guardianship Petition seeks appointment of the Petitioners

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as the joint guardians of the person of the minor namely Ms.Mrunmayee Manoj Joshi and in respect of the properties listed in the Petition.

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The Petitioner no.1 is the minor’s maternal uncle and Petitioner

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no.2 is the minor’s aunt (being wife of the maternal uncle of the minor).

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The minor, born on 26^th January 2017, is the daughter of late Mr.Manoj Soma Joshi and late Mrs.Mansi Manoj Joshi, who died intestate in an unfortunate road accident on 30^th December 2022.

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As far as the blood relatives of the minor are concerned, apart from the Petitioners i.e. minor’s maternal uncle and aunt (maternal uncle’s wife), on the maternal side, the minor has one more maternal aunt viz. Mrs.Megha Rahul Godse and maternal grandparents viz. Mr.Kamaldas Gaurya Pardeshi and Mrs.Vainjanti Kamaldas Pardeshi. On the paternal side, the minor has four paternal aunts viz. Mrs.Akshata Ashok Pale, Mrs.Lalita Tanaji Paramane, Mrs.Shital Avinash Rahirashi and Mrs.Siddhi Sachin Burate. The paternal grandparents of the minor being Mr.Soma Janu Joshi and Mrs.Anusaya Soma Joshi expired on 5^th August 2012 and 16^th May 2006 respectively.

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It is submitted that after the death of the minor’s parents, the minor has been under the care and custody of the Petitioners as well as the above quoted maternal and paternal side blood relatives.

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It is submitted that the maternal grandparents and the maternal aunt of the minor have given their consent cum no objection for the

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Petitioners being appointed as the guardians of the minor. The Consent Affidavits of the maternal grandparents and of the maternal aunt are at Exhibit J, Exhibit K and Exhibit L respectively to the Petition. It is observed from the Consent Affidavits of the maternal side relatives that the Petitioners and the maternal side relatives stay in the same vicinity/area of Bhandup (West), Mumbai, where also the minor used to reside with her deceased parents.

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It is further submitted that the paternal aunts of the minor have also given their consent cum no objection for the Petitioners being appointed as the guardians of the minor. The Consent Affidavits of the paternal aunts are at Exhibit M, Exhibit N, Exhibit O and Exhibit P respectively to the Petition. It is observed that all the four paternal aunts of the minor stay away from the minor in different districts of Maharashtra.

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It is submitted on behalf of the Petitioners that out of natural love and affection for the minor, they have filed this Petition for appointing them as guardian of the minor.

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That, due to the relation they share with the minor, it is submitted by the learned Counsel appearing that the Petitioners are fit and proper persons to be appointed as the minor’s legal guardians. That, in the event of the death of the Petitioners, the minor’s maternal grandparents namely Mr.Kamaldas Gaurya Pardeshi and Mrs.Vainjanti Kamaldas Pardeshi would jointly act as guardians of the minor and take over her entire responsibility.

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It is submitted by the Petitioners that they are physically and financially well capable of maintaining, upbringing and taking utmost care of the minor. That, after the death of the parents of minor, the Petitioners are taking care of the minor and her day to day needs and requirements. It is submitted by the Petitioners that they shall continue to take care of the minor’s necessities like food, clothes, shelter, education and shall try to provide all comforts and luxuries to the minor within their financial capacity.

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It is submitted that the minor is eligible to become absolute and sole owner in respect of the following movable and immovable properties of her deceased parents which were in their individual /joint names :

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Sr.No.	Description of the Property Movable Properties of Minor’s father late Mr.Manoj S	Valuation (Rs.) oma Joshi
1	Fixed Deposit No. 11/5127 Kokan Darshan Path Pedi	13,654/-
2	Fixed Deposit A/c. 34573 Bhandup Sahakari Path Sanstha	12,445/-
3	Saving A/c. No.004011100102776 with Abhyudaya Bank,BhandupWest Branch	5,704/-
4	Recurring Deposit No.33770 Abhyudaya Bank, BhandupWest Branch	500/-
5	Recurring Deposit No.34369 Abhyudaya Bank, BhandupWest Branch	1,000/-
6	Fixed Deposit No.QICRIP/117715 Abhyudaya Bank,BhandupWest Branch	11,956/-
M	ovable Properties of Minor’s mother late Mrs.Mansi M	anoj Joshi
1	Fixed Deposit A/c.No.204119 Yuva Kokan Path Pedhi	12,891/-
2	Fixed Deposit No. 11/5162 Kokan Darshan Path Pedhi	12,305/-
3	Fixed Deposit A/c. 35504 Bhandup Sahakari Path Sanstha	14,001/-
4	Fixed Deposit No.QICRIP/97864 Abhyudaya Bank, BhandupWest Branch	2,20,024/-
5	Fixed Deposit No.QICRIP/117870 Abhyudaya Bank,BhandupWest Branch	11,839/-
6	Fixed Deposit No.SHUB3QIC/571 Abhyudaya Bank,BhandupWest Branch	2,73,361/-
7	Fixed Deposit No.315803030120045 Union Bank, BhandupWest Branch	11,723/-
8	Fixed Deposit No.315803030119316 Union Bank, BhandupWest Branch	11,822/-
9	Fixed Deposit No.315803030122064 Union Bank, BhandupWest Branch	11,560/-
10	Recurring Deposit No. 34578 Abhyudaya Bank, BhandupWest Branch	1,000/-

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11	Kisan Vikas Patra No.020042016947 Post Office, BhandupWest Branch	2,00,000/-
12	Kisan Vikas Patra No.020038517217 Post Office, BhandupWest Branch	20,000/-
13	Kisan Vikas Patra No.020038518382 Post Office, BhandupWest Branch	20,000/-
14	National Saving Scheme No. 4607637294 with Post Office,BhandupWest Branch	5,11,888/-
15	Saving A/c. 1366108100000190 Punjab National Bank,BhandupWest Branch	1,000/-
16	Saving A/c. 9211006900001274 Punjab National Bank,BhandupWest Branch	27,795/-
17	Saving A/c. 315802010820597 Union Bank, BhandupWest Branch	21,681/-
18	Saving A/c. No.004011100100100805 Abhyudaya Bank,BhandupWest Branch	1,01,671/-
19	Two-wheeler namely Honda Grazia bearing Regd. No. MH-03-DE-3907	75,000/-
20	Two-wheeler namely Suzuki Access 125 bearing d	75,000/-
	Reg. No. MH-03-DR-5017
	Movable Properties in joint name of the minor’s p	arents
1	Saving A/c. No. 4593837029 Post Office, Bhandup West Branch	21,747/-
2	Saving A/c. No. 05691000014289 Punjab and Sindh Bank,BhandupWest Branch	7,043/-
3	SavingA/c. No. 013510110005310 Bank of India	29,194/-
4	SavingA/c. No.315802010820647 Union Bank	7,370/-
	Movable Properties on the name of the minor na Ms.Mrunmayee Manoj Joshi	mely
31	Sukanya Samriddhi Yojana A/c. ID: 3778926596 Post office,BhandupWest Immovable Properties of Minor’s father late Mr.Manoj	42,331/- Soma Joshi
1	Room No.3, Tulshiram Chawl, Tanaji Wadi, T.P.Road, Bhandup West, Mumbai, Maharashtra- 400078	25,00,000/-

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Immovable Properties of Minor’s mother late Mrs.Mans	i Manoj Joshi
1 Flat No.304, New Navneet Sadan SRA CHS Ltd., Sai Vihar, T.P.Road, Bhandup West, Mumbai, Maharashtra – 400 078	65,00,000/-
Grand Total	1,07,87,505/-

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As can be seen from above, as far as the movable properties are concerned, the deceased parents of minor had various investments independently in fixed deposits, recurring deposits, kisan vikas patras and national saving schemes as also savings accounts in more than one bank individually as well as jointly. Also there is an investment in Sukanya Samriddhi Yojana in the name of the minor Mrunmayee. As far as the immovable properties are concerned, both the deceased father of the minor and the deceased mother of the minor possess one premises each, both in Bhandup west, Mumbai. The grand total of all the movable properties as well as immovable properties held by the deceased parents of the minor and the minor is shown as Rs.1,07,87,505/-.

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Mr.Jaydev Trivedi, learned Counsel, submits on behalf of the the Petitioners that the income generated from the movable and immovable properties of the minor’s parents would be exclusively used for the benefits and upbringing of the minor.

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My interaction with the Petitioners has revealed that the Petitioner no.1 is serving as an IT Engineer in a private company and the Petitioner no.2 is a homemaker, however, it is submitted that previously she used to work from home. That, the Petitioners have their own biological son viz. Kavyansh who is now three years old. It is submitted that the Petitioner no.1 being the uncle (brother of the deceased mother of the minor) and the Petitioner no.2 being the aunt (wife of the brother of the deceased mother of the minor) were already sharing a loving bond and affection towards the minor as the deceased parents used to leave Mrunmayee in the house of the Petitioners whilst going to work and so are already used to taking her care and of her presence in their family and home. Mr.Trivedi, learned Counsel for the Petitioners submits that, therefore, the Petitioners believe that they would be in a better position to take care of the welfare of the minor child as they have been doing so ever since the birth of the minor avk 8/12

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Mrunmayee, who was left at the house of the Petitioners for being taken care of while the deceased parents were at work.

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It is submitted that the Petitioners can provide a loving, supportive and stable home for the person of the minor and at the same time also take care of the entire properties of the minor. It is submitted that the Petitioners would take utmost care of the minor and provide her the best amenities within their financial capacity out of pure love and affection towards the minor and respect for his deceased sister, with a view to ensure that she has a bright future and gets every opportunity to excel in life.

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I have also interacted with the minor Mrunamayee. My interaction has revealed that Mrunmayee has also expressed her desire to stay with the Petitioners and Kavyansh.

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It is submitted that there is no other Guardian of the person of the minor Mrunmayee and the property of the deceased parents of the minor appointed by any Court and no application for appointment as Guardian of the minor and her properties has at any time prior to filing of this Petition been made in this Court or in any other Court.

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Having heard the learned Counsel and considered the submissions as also my interaction with the Petitioners and the minor Mrunmayee, I am of the view that for Mrunmayee’s welfare and to safeguard her interest, the Petitioners be appointed as guardians of Mrunmayee. Accordingly, the following order is passed :

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ORDER

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(i) Notice as required under Section 11 of the Guardian and Wards Act, 1890, is dispensed with.

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(ii) The Petitioners are appointed as guardians of the person of the minor Mrunmayee Manoj Joshi. The Petitioners also to act as guardians in respect of the properties as under :

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(a) In respect of all the investments of the deceased parents in their name as well as in the name of the minor, the same to continue to remain fixed in the respective banks and schemes till the minor attains majority and the Petitioners, subject of course to the regular reporting as provided herein, are permitted to utilize only the interest portion accrued thereon as and when required exclusively for the benefit and upbringing of the minor.

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(b) As far as the immovable properties standing in the name of the deceased parents of the minor are concerned, the same be continued as such, till Mrunmayee attains majority and thereafter be transferred to her name.

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(c) If any portion of the investments / movable / immovable property(ies) is required to be liquidated for the purposes of expenses of the minor, the same may be done with the prior leave/ permission of the Court on making an appropriate application in that regard.

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(d) Until further orders, the Petitioners and Mrunmayee to appear before the Prothonotary & Senior Master of this Court on every second Monday of January and June every year and report to this Court about the welfare of the child, along with statement of the income and expenditure with respect to the investments, properties – movable and immovable referred to in paragraph 11 as well as how the interest portion has been used for Mrunmayee’s welfare along with supporting documents, after which the Prothonotary & Senior Master to place a report before this Court in a week thereafter seeking appropriate directions concerning Mrunmayee’s welfare.

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(iii) Until further orders, the Child Welfare Committee of the concerned area where Mrunmayee resides with the Petitioners to regularly monitor Mrunmayee’s well being and place a report before this Court on a quarterly basis.

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The Petition accordingly stands disposed as above.

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Liberty is granted to the parties to apply in the event of any difficulty in implementing this order.

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(ABHAY AHUJA, J.)

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ARTI VILAS KHATATE

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Digitally signed by ARTI VILAS KHATATE Date: 2025.04.24 13:01:01 +0530

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Mohit Kamaldas Pardeshi v. Mrunmayee Manoj Joshi (Minor)

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Mohit Kamaldas Pardeshi v. Mrunmayee Manoj Joshi (Minor)

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