Final Order 1

Order Details: Chamber summons
Pdf Text: 1 RPWD Petition 107/19
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 43 OF 2020
IN
GUARDIAN PETITION NO. 256 OF 2019
Mrs. Maya Unnikrishnan Karoth
Female, Hindu Indian Inhabitant,
Aged 44 years, Occ: Teacher,
Residing at Tisgaon Naka, EWing,
Flat No. 203, Kalyan, Katemanevali
Thane, Maharashtra 421 306 ...Petitioner
Appearance: Adv. Shailesh Deolekar for the Petitioner.
Coram : Ashutosh N. Karmarkar,
Judge, (Court Room No. 54)
Dated : 24 th January, 2020
ORDER
The applicant has prayed for allowing her to amend the
application.
2. It is contended in the supporting affidavit that the applicant
has inadvertently filed Guardian Petition. Sister of the applicant is
mentally retarded. The applicant wants to represent herself as a
Guardian of the mentally retarded sister. She wants to add in the title
clause that it is a matter under the Rights of the person with Disabilities
Act, instead of Guardians and Wards Act. She wants to substitute the
words 'mental health' in place of 'Guardianship petition' in para 9 of the
application.
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2 RPWD Petition 107/19
3. I have heard Ld. Advocate for the applicant.
4. Actually, the applicant has orally contended that her sister
Kayampurath Daya Pushpan Pushpa is mentally retarded and the
applicant is taking her care. It seems that, the applicant is realised that
the application is to be filed under the Rights of the person with
Disabilities Act. According to the applicant, certificate of mentally
retardation from Government Hospital is also filed. In the interest of
justice, it will proper to allow the chamber summons. Accordingly, I
proceed to pass order in following terms.
ORDER
1. Chamber Summons No. 43 of 2020 is hereby allowed in terms of
prayer clause (a) and Schedule ExhibitA attached with affidavit.
2. Applicant to carry out amendment within two weeks from the
date of this order.
3. Chamber Summons is disposed off accordingly.
( Ashutosh N. Karmarkar )
2nd Addl. Principal Judge,
Date : 24.01.2020 City Civil Court, Gr. Mumbai.
Dictated on : 24.01.2020
Transcribed on : 27.01.2020
Date of sign : 27.01.2020
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3 RPWD Petition 107/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 27.01.2020 2.45 P.M.
NAME OF STENOGRAPHER : S.S.BATHE
Name of Judge (with Court Room No.) Shri A.N. KARMARKAR
(C.R.No.54)
Date of Pronouncement of
JUDGMENT /ORDER
24.01.2020
JUDGMENT /ORDER signed by P.O. on 27.01.2020
JUDGMENT /ORDER uploaded on 27.01.2020
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