SHABANE MUSTAQUE NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Asif I. I. Patel for the petitioner.

(2.) THE present petition is under Section 17 of the Guardianship and Ward Act, 1980, for appointment of guardian of the minors namely (1) Ms. Tahreem Mustaque Naik and (2) Ms. Firdos Mustaque Naik and for the claim in respect of gratuity and death cum service gratuity payable to the above named minors, i. e. Rs. 16,395, each aggregating to Rs. 32,790/- from and by the Brihanmumbai Municipal Corporation, Mumbai of a Mustaque Adam Naik, deceased husband, of the petitioner.

(3.) THE petitioner (Muslim) is a natural mother of the minors and therefore, after the death of deceased Mustaque Adam is the natural guardian in all respect and for all the Purposes. The petitioners husband Mustaq Adam expired on 6th July, 2003. The employer of the deceased has paid all the dues of said Mustaque Adam to the petitioner, except the gratuity and death Cum Service Gratuity which is payable to the above named minors. The Petitioner therefore, had approached for the aforesaid Gratuity and Death cum service Gratuity to the Brihanmumbai Municipal Corporation. However, they insisted for guardianship certificate from the competent court for the disbursement of the same.