Final Order 4

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. SIDHARH MATHUR,
DISTRICT JUDGE-1 (NORTH), ROHINI COURTS, DELHI.
GP-7/2025
CNR No. : DLNT010048312025
Smt. Rita Grover
W/o Sh. Jatinder Mohan Grover
R/o S-400, Ground Floor, Greater Kailash
Part-1,
New Delhi-110048. ….. Petitioner
Versus
The State of NCT of Delhi ….. Respondent
Date of institution : 22.04.2025
Date of Arguments : 29.11.2025
Date of decision : 29.11.2025
PETITION U/s 14 OF THE RIGHTS OF PERSONS WITH
DISABILITY ACT 2016 R/W SECTION 151 OF CODE OF
CIVIL PROCEDURE ISSUANCE OF GUARDIANSHIP
CERTIFICATE OF MR. SAURABH KAHOL IN FAVOUR OF
THE PETITIONER.
JUDGMENT
1. The petition has been filed by the petitioner to be
appointed as the guardian of the person and property of her
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GP NO. 7/2025
	Rita Grover Vs. State
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nephew named Sh. Saurabh Kahol, who has a 60% permanent
disability in relation to her brain functioning.
The parents of the mentally ill Saurabh Kahol had
already passed away on 27.10.2022 and 30.11.2022, as per
their death certificates PW1/2 and PW1/3. The mentally ill
Saurabh Kahol is suffering from Schizophrenia and has a 60%
permanent disability in his brain functionality as per the Govt.
issued disability certificate PW1/4. Due to this medical
condition, the mentally ill Saurabh Kahol is unable to properly
look after his well being and needs. He is being looked after
by his paternal aunt i.e. the petitioner in absence of any other
near and dear ones. The petitioner now wants to be appointed
as the guardian of mentally ill Saurabh Kahol to protect his
interest and manage his welfare.
2. Notice of this petition was served upon the State as
well as to general public and publications were carried out in
the daily English newspaper, namely, 'The Statesman' dated
02.08.2025 as well as daily Hindi newspaper, namely, 'Virat
Vaibhav' dated 01.08.2025. Despite publication in the
newspapers and notice to the general public at large, no one
has come forward to make any objection in respect of the
prayers made by the petitioner in the present petition.
3. In order to prove her case, petitioner herself entered
in to witness box as PW-1 and tendered her evidence by way
of affidavit i.e. Ex.PW1/A, bearing her signatures at points A
and B and she has also relied upon the following documents :-
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	Rita Grover Vs. State
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i. Copy of Aadhar card of Saurabh Kahol as Ex. PW1/1 ;
ii. Copy of death certificates of mother and father of
Saurabh Kahol as Ex PW1/2 and Ex. PW1/3 ;
iii.Copy of disability certificate of Mr. Sauabh as Ex
PW1/4 ;
iv.Copy of Aadhar card of petitioner as Ex. PW1/5
4. I have gone through the records and have heard the
arguments advanced by Ld. Counsel for petitioner.
5. Section 2 (s) of The Rights Of Persons With
Disabilities Act, 2016 is being reproduced herein for sake of
convenience and ready reference:-
“Section 2(s) in The Rights of Persons with
Disabilities Act, 2016
(s)"person with disability" means a person with
long term physical, mental, intellectual or sen-
sory impairment which, in interaction with barri-
ers, hinders his full and effective participation in
society equally with others;”
6. Section 13 of The Rights Of Persons With
Disabilities Act, 2016 is being reproduced herein for sake of
convenience and ready reference:-
“13. Legal capacity.
(1)The appropriate Government shall ensure
that the persons with disabilities have right,
equally with others, to own or inherit
property, movable or immovable, control their
financial affairs and have access to bank
loans, mortgages and other forms of financial
credit.
(2)The appropriate Government shall ensure
that the persons with disabilities enjoy legal
capacity on an equal basis with others in all
aspects of life and have the right to equal
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recognition everywhere as any other person
before the law.
(3)When a conflict of interest arises between a
person providing support and a person with
disability in a particular financial, property or
other economic transaction, then such
supporting person shall abstain from
providing support to the person with disability
in that transaction:Provided that there shall
not be a presumption of conflict of interest
just on the basis that the supporting person is
related to the person with disability by blood,
affinity or adoption.
(4)A person with disability may alter, modify
or dismantle any support arrangement and
seek the support of another:Provided that such
alteration, modification or dismantling shall
be prospective in nature and shall not nullify
any third party transaction entered into by the
person with disability with the aforesaid
support arrangement.
(5)Any person providing support to the person
with disability shall not exercise undue influ-
ence and shall respect his or her autonomy,
dignity and privacy.”
7. Section 14 of The Rights Of Persons With
Disabilities Act, 2016 is being reproduced herein for sake of
convenience and ready reference:-
“Section 14. Provision for guardianship.
(1) Notwithstanding anything contained in
any other law for the time being in force,
on and from the date of commencement of
this Act, where a district court or any
designated authority, as notified by the
State Government, finds that a person with
disability, who had been provided adequate
and appropriate support but is unable to
take legally binding decisions, may be
provided further support of a limited
guardian to take legally binding decisions
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	Rita Grover Vs. State
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on his behalf in consultation with such
person, in such manner, as may be
prescribed by the State Government:
Provided that the District Court or the
designated authority, as the case may be,
may grant total support to the person with
disability requiring such support or where
the limited guardianship is to be granted
repeatedly, in which case, the decision
regarding the support to be provided shall
be reviewed by the Court or the designated
authority, as the case may be, to determine
the nature and manner of support to be
provided.
Explanation.--For the purposes of this sub-
section, "limited guardianship" means a
system of joint decision which operates on
mutual understanding and trust between the
guardian and the person with disability,
which shall be limited to a specific period
and for specific decision and situation and
shall operate in accordance to the will of
the person with disability.
(2) On and from the date of
commencement of this Act, every guardian
appointed under any provision of any other
law for the time being in force, for a person
with disability shall be deemed to function
as a limited guardian.
(3) Any person with disability aggrieved by
the decision of the designated authority
appointing a legal guardian may prefer an
appeal to such appellate authority, as may
be notified by the State Government for the
purpose.”
8. The evidence led and material placed on record by
petitioner remains unrebutted and unchellanged. Mentally ill
Saurabh Kohal was born on 19.11.1973 and he is having men-
tal illness to the extent of 60% of his brain functionality and is
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	Rita Grover Vs. State
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incapable of taking care of himself. The petitioner is the pater-
nal aunt of mentally ill Saurabh Kahol and he is being main-
tained and looked after by the petitioner. There is no material
to gather an inference that her interest could be in conflict with
or adverse to that of the Mentally ill Saurabh Kohal.
9. Relief :- In view of the aforesaid facts and circum-
stances, the present petition is allowed. The petitioner/Rita
Grover is appointed as guardian and manager of Mentally ill
Saurabh Kohal as well as his property for a limited period of
three years from today without permission to sell his proper-
ties.
10. Necessary certificate be issued in favour of peti-
tioner on her furnishing the requisite bond/undertaking.
11. File be consigned to record room.
Announced in the open court
on day of 29.11.2025
(Sidharth Mathur)
District Judge-01/North
Rohini Courts/Delhi
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	Rita Grover Vs. State
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