Final Order 1

Order Details: Other
Pdf Text: Order ..1.. Mental Health Petition No.10/2022
MHCC010014572020
IN THE CITY CIVIL COURT AT GREATER MUMBAI
MENTAL HEALTH PETITION NO.10 OF 2022
Shri. Hira Dhondiram Shinde
Age: 45 years,
Residing at
Room no.B/4/9/1060,
Jai Bhavani Chawl, Lok Shahir
Anna Bhau Sathe Nagar, Shivaji Nagar,
Mumbai 400 043. ...Petitioner
Appearance
Adv. Anil Kharatmol for the petitioner.
CORAM : HIS HONOUR JUDGE
R.R. Patare
(Court No.: 2)
DATED : 3rd March, 2023.
O R D E R
The petitioner is family friend of Surendra Krishna Prabhu (in
short 'the ward'). According to the petitioner, the ward is aged 61 years
and suffering from mild intellectual disability to the extent of 50%
permanent disability. He is being provided with the treatment regularly.
The ward is taken care of by the petitioner. The mother of the ward
expired on 14.10.2001 and his father expired on 24.09.2009. The father
of ward was working with Department of Post, office of director of GPO,
Mumbai. The ward is entitled to get family pension of his deceased
father He is the only legal heir of his parents and entitled to get
pensionary benefits.
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Order ..2.. Mental Health Petition No.10/2022
2. The petition is supported by verification on solemn affirmation.
The petitioner has also filed on record the affidavit. Public notice was
issued calling objection for appointment of petitioner as a guardian of
the ward. However no objection is received till today.
3. I have referred the ward to the J.J. Group of Hospital, Mumbai
which is the Competent Authority to examine such person and issue
certificate of disability as per the Right of Persons with Disabilities Act,
2016. After examination of the ward they have issued a Certificate on
03.01.2023. Their findings are that he is suffering from intellectual
disability with permanent disability (75%) and further observed that he
is incapable of earning his livelihood and is dependent for his personal,
social and financial needs and requires support of guardian.
4. In the light of the above mentioned facts and
circumstances, I am convinced that the ward is suffering from mental
illness. Mental illness is a specified disability in the
schedule below the Right of Persons with Disabilities Act, 2016. I am
also convinced that the ward is not able to take legally binding
decisions. He needs support of guardian.
5. The petitioner has no apparent adverse interest to the ward.
Therefore, his appointment as his guardian and manager of his
properties would be appropriate. Accordingly, the following order is
passed :-
ORDER
1. The petitioner Hira Dhondiram Shinde, aged about 45 years, is
appointed as the guardian under the Rights of Persons with
Disabilities Act, 2016 for his family friend Surendra Krishna Prabhu,
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Order ..3.. Mental Health Petition No.10/2022
aged about 61 years from today. He is appointed as Manager for his
properties and for receiving pensionary benefits.
2. The petitioner is authorised to act for and on behalf of Surendra
Krishna Prabhu to manage and operate Bank Account and for
investment purpose and also for his medical treatment and maintenance
of said Surendra Krishna Prabhu. The petitioner shall not alienate the
interest of Surendra Krishna Prabhu in her property in any manner
without prior permission of the Court.
3. The petitioner shall furnish to this office in a period of three months
from today, an account of the property and assets of Surendra Krishna
Prabhu in his charge and the sums received and disbursed on account of
her and balance remaining with the petitioner.
4. The petition is allowed and disposed off accordingly.
(R. R. Patare)
Judge, City Civil Court, Gr. Mumbai
Dated : 03.03.2023
Typed on : 03.03.2023
HHJ signed on : 03.03.2023
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Order ..4.. Mental Health Petition No.10/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 03.03.2023, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.2)
H.H.J. Shri. R.R. Patare
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
03/03/23
JUDGMENT/ORDER signed by P.O.
on
03/03/23
JUDGMENT/ORDER uploaded on 03/03/23
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