Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment 1 M.H. Petition No. 61/2021
Received on : 23.01.2020
Registered on : 11.11.2020
Decided on : 14.02.2022
Duration : 01 03 04
Y M D
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
MENTAL HEALTH PETITION NO.61 OF 2021
(CNR No.MHCC010009162020)
Kavita Srichand Mansharamani
Age: 52 years,
R/o: Siddhivinayak Plaza
B202, Chikuwadi, Shimpoli,
Borivali, West,
Mumbai 400 092. ...Petitioner
Appearance :
Mrs. Bhagyashri Mangale Advocate for the Petitioner.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 14thFebruary, 2022.
JUDGMENT
1. This is petition filed by petitioner to appoint him as a total
supportive guardian of mentally ill person namely Mukesh Srichand
Mansharamani, under section 14(1) of the Rights of Persons with
Disabilities Act, 2016.
2. The facts in brief are as under;
Petitioner is the sister of Mukesh Srichand Mansharamani. Their
father namely Srichand Mansharamani was serving in Western Railway.
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Judgment 2 M.H. Petition No. 61/2021
He retired in the year, 1992 and expired on 5/3/2019. Petitioner's
mother and wife of Srichand Mansharamani namely Usha is
predeceased to him on 18/10/2012. Thus, petitioner and Mukesh are
only heirs of Srichand Mansharamani. Mr.Mukesh is incapable of
taking care of himself. Mukesh is residing with petitioner. Mukesh is
suffering from Chronic Schizophrenia with cognitive impairment since
1988. He is unable to take any decision. He is also unable to earn his
livelihood.
3. Their father was getting family pension. After demise of their
father Mukesh being a disable person is entitled for pension of Srichand
Mansharamani. Petitioner has no adverse interest. Hence, prayed to
allow the petition.
4. Public notice and citation notice was issued. However, no one
raised objection. Heard Mrs. Bhagyashri Mangale Advocate for
petitioner.
5. Petitioner and mentally ill person namely Mukesh are sister and
brother interse. Their parents are no more. It appears that
Mr.Srichand was serving in Western Railway and he was getting
pension. Mr.Mukesh is suffering from Chronic Schizophrenia. Medical
certificate do show that he is suffering from said disease since last 30
years and he is not in position to earn his livelihood. He is depending
on his sister. Hence, considering the petition and documents on record,
I find that petitioner is the fit person to be appointed as a guardian of
Mr. Mukesh. Therefore, following order.
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Judgment 3 M.H. Petition No. 61/2021
ORDER
1. M.H. Petition No. 61 of 2021 is allowed.
2. Petitioner Kavita Srichand Mansharamani is hereby
appointed as a guardian of her brother Mukesh Srichand
Mansharamani (mentally ill person) under section 14(1) of
the Right of Person with Disabilities Act, 2016 for receiving
family pension of deceased Srichand S. Mansharamani
being deceased father of mentally ill person.
3. M.H. Petition No. 61 of 2021 is disposed off
accordingly.
(G.B.Gurao)
Judge,
City Civil & Sessions Court,
Date : 14/02/2022. Mumbai.
Dictated on : 14 & 28.02.2022.
Transcribed on : 03.03.2022.
Date of sign : 03.03.2022.
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Judgment 4 M.H. Petition No. 61/2021
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
03.03.2022. Mrs. S.S.Sawant
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 14.02.2022.
Order signed by P.O. on 03.03.2022.
order uploaded on 03.03.2022.
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