Final Order 1

Order Details: Copy of Judgment
Pdf Text: : 1 : Mental Health Petition No. 48/19
Presented on : 10012019
Registered on : 10012019
Decided on : 04052019
Duration : 00Y 03M 23D
Exhibit:
IN THE CITY CIVIL COURT FOR GREATER BOMBAY, BOMBAY.
MENTAL HEALTH PETITION NO.48 OF 2019
[CNR NO.: MHCC010015102019]
In the matter of appointment of
Guardian of Person, Property and
Operation of Bank Account, Fixed
Deposit, Family Pension of Mentally
challenged person (Severe
Impairment to Social Maturity) Ms.
VINODA RAJU SHETTY.
Mrs. Shobha Umesh Shetty
Aged : 50 years, Occ : Housewife,
Residing at Room No. 3 /4,
Dev Ashish Building CHS, Nityanand Colony,
Amrut Nagar, Behind Bank of India,
Ghatkopat (West),
Mumbai 400 086. …..Petitioner.
APPEARANCE :
Ms. Rubia Taneja, Advocate for the Petitioner.
APPLICATION FOR APPOINTMENT OF GUARDIAN
CORAM: K.R.JOGLEKAR, ADHOC JUDGE,
(C.R.NO.34) INCHARGE C.R. NO.54
DATED: 4 th MAY, 2019.
ORAL ORDER
(Dictated and pronounced in open Court)
The petitioner Mrs. Shobha Umesh Shetty who is real
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sister of mentally ill/disabled person by name Ms. Vinoda Raju Shetty
has filed this petition for appointment as guardian. The petitioner is
born on 10.04.1967 and the mentally ill/disabled person is born on
20.05.1969. The petitioner and mentally ill/disabled person is having
real brother by name Premnath Raju Shetty who born on 20.01.1962,
Petitioner produced on record copy of their Aadhar Cards and Pan Cards
at Exh. A colly. Petitioner is married with one Umesh Shetty.
2. Mentally ill/disabled person Ms. Vinoda Raju Shetty is incapable
due to mental illness from the year 1979 and is declared as mentally
retarded and cannot do any activity. Accordingly Certificate is issued by
District Magistrate and the Spastics Society of India and Identity Card is
issued on 13.10.1998 of which copy is at Exh. B. According to
petitioner, mentally ill/disabled person was examined on two occasions
in Mumbai by name Dr. G.B. Shetty and has issued certificate dated
12.03.2013 and Dr. M.S. Kamat had issued certificate dated 26.07.2018.
The copy of the said certificate is at Exh. C and D respectively.
3. According to petitioner, on 15.10.2018 mentally ill/disabled
person was examined in Lokmanya Tilak Municipal General Hospital
and diagnosed from suffering severe impairment in relation to social
maturity as per certificate dated 15.10.2018 of which copy is annexed at
Exh. E colly.
4. The mother of the petitioner and mentally ill/disabled person by
name Mrs. Padmavathi Raju Shetty died on 30.08.2012 as per Death
Certificate Exh. F and their father Mr. U. Raju Shetty died on
09.01.2018 as per Death Certificate Exh. G colly. The petitioner further
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states that mentally ill/disabled person is having permanent abode at
Room no. 3 /4, Dev Ashish Building CHS, Nityanand Colony, Amrut
Nagar, Behind Bank of India, Ghatkopar (West), Mumbai 400 086.
Mentally ill/disabled person is residing with the petitioner at her
residence. According to petitioner prior to the marriage of the
petitioner, she alongwith mentally ill/disabled person and her brother
along with their parents were residing in Karnataka. Their late father
owned and possess two immovable properties situated at Flat No. 15, 1st
Floor admeasuring 937 sq. ft. situate at Bank Officers Cooperative
Housing Society Ltd. 180, Aircoboo Nagar, 11 Phase, 9th Main 1 Cross,
Near Water Tank, BTM 2nd stage, Bangalore 560076 (Karnataka State)
and a Bungalow situated at 11th 'A' Main, 13th Cross, Door No. 530, 'A'
Sector, Newtown Yelahanika, Banglore 560064. After the demise of the
father, petitioner along with her brother and mentally disabled person
have become entitled to equal shares in the said immovable properties.
According to petitioner, their brother is presently residing and using the
said property.
5. According to the petitioner, their father during his life time was
having Pension Account in Corporation Bank (Employees) Pension
Fund, Ghatkopar West Branch namely Family Pension – Late U. Raju
Shetty, E298. According to petitioner, their father had nominate her
sister mentally disabled person as nominee for the said pension.
According to petitioner, after demise of the father, mentally disabled
person is entitled to receive the pension. According to petitioner,
Corporation Bank advised the petitioner to bring Legal Guardianship
Certificate from the competent Court. According to petitioner, she has
opened a Savings Account in the name of the mentally disabled person
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bearing Savings Account No. 2027290589 with the Corporation Bank,
Ghatkopar West Branch, Raman Smruti, Karani Road, Near Telephone
Exchange, Ghatkopar (West) Branch, Mumbai so that the amount from
the Pension Account can be transferred in the Savings Account opened
in the name of the mentally disabled person. Accordingly she produced
on record letter of the Corporation Bank dated 03.05.2018 at Exh. H
and Passbook at Exh. I.
6. According to the petitioner, she is not having any adverse interest
with of mentally disabled person and she will look after mentally
disabled person. Accordingly this petition is filed for appointment of
petitioner as Guardian of mentally disabled person and for looking after
estate of mentally ill/disabled person.
7. My Ld. Predecessor was pleased to refer mentally disabled person
by name Ms. Vinoda Raju Shetty to certifying authority under Section
58 of Rights of Persons with Disabilities Act, 2016. The Certifying
Authority i.e. Sir J.J. Group of Hospitals and Grant Government Medical
College, Mumbai issued a Certificate dtd. 15.03.2019 bearing No.
PSY/197/2019 which shows that mentally ill/disabled person is having
Severe Intellectual Disability with IQ between 2125. It further shows
that Patient is suffering from severe Intellectual Disability (IQ between
2125) with 90% disability. This condition is permanent and is not
likely to improve. She is incapable to take care of her personal, social
and financial needs and is dependent on others for the same.
8. In the light of the above mentioned fact, I am convinced that
mentally disabled person Ms. Vinoda Raju Shetty is suffering from
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mental disability as mentioned by J.J. Hospital in Certificate Exh. 3
along with Report. The petitioner is a real sister of the mentally
disabled person having no adverse interest in the estate of the mentally
ill/disabled person and therefore petitioner is a fit person to be
appointed as guardian for mentally disabled person and her property.
Therefore, Petition needs to be allowed. Accordingly following order is
passed :
FINAL ORDER
1. Mental Health Petition No. 48 of 2019 is allowed.
2. The petitioner Mrs. Shobha Umesh Shetty, aged 50 years is
appointed under section 14(1) of the Rights of Persons with
Disabilities Act, 2016, as guardian for her real sister Ms.
Vinoda Raju Shetty and for her properties listed in the
Schedule at Exh. “J” of the Petition without remuneration and
without security.
3. The petitioner is hereby authorized as guardian of mentally
disabled person to operate Family Pension Account of late U.
Raju Shetty, E298 with Corporation Bank, Ghatkopar West
Branch, Mumbai having Saving Account No. 2027290589 and
also to operate Fixed Deposits of mentally disabled person and
to manage movable and immovable properties of the mentally
disabled person.
4. The petitioner is directed not to create any type of 3rd party
interest of whatsoever nature and not to transfer or alienate
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the share of the mentally disabled person in the above
referred immovable properties without prior written
permission of this Court.
5. The petitioner shall furnish to this Office in three months at
the close of every financial year an account of the property
and assets of Ms. Vinoda Raju Shetty in her charge and the
sums received and disbursed on account towards Family
Pension and balance remained with the petitioner.
6. The petition is allowed and disposed off accordingly.
Date: 04.05.2019 K.R.JOGLEKAR
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 04.05.2019
Typed on : 06.05.2019
HHJ signed on : 06.05.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
07.05.2019 at 3.30 p.m. APARNA V. LELE
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI K. R. JOGLEKAR
(Court Room No.34)
Date of pronouncement of Order 04.05.2019
Order signed by P.O. on 06.05.2019
Order uploaded on 07.05.2019
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