Final Order 1

Order Details: Copy of Judgment
Pdf Text: : 1 :
Presented on : 15032019
Registered on : 01042019
Decided on : 15042019
Duration : 00Y 00M 14D
Exhibit:
IN THE CITY CIVIL COURT FOR GREATER BOMBAY, BOMBAY.
GUARDIANSHIP PETITION NO.79 OF 2019
CNR NO.: MHCC010029972019
Petition for Guardianship of u/s 14 of
the Rights of Persons with Disabilities
Act, 2016 of Mentally ill person
SURESH KESHAV CHAUHAN ALIAS
CHAWHAN
BHANU DALPAT MAKWANA
NEE BHNU KESHAV CHAUHAN
Age about 48 years, Occ : Service,
Residing at 20, Old BMC Chawl,
2nd Hasnabad Lane, Behind Khar
Police Station, Khar (West),
Mumbai 400 052 Being Real sister
of Mentally Ill Person. …..Petitioner.
APPEARANCE :
Ms. Sejal Shah, Advocate for the Petitioners.
APPLICATION FOR APPOINTMENT OF GUARDIAN
CORAM: K.R.JOGLEKAR, ADHOC JUDGE,
(C.R.NO.34) INCHARGE C.R. NO.54
DATED: 15 th APRIL, 2019.
ORAL ORDER
(Dictated and pronounced in open Court)
The petitioner Bhanu Dalpat Makwana Nee Bhanu
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Keshav Chauhan has filed the above Guardian Petition of “SURESH
KESHAV CHAUHAN ALIAS CHAWHAN” mentally ill person aged 43
years. The petitioner is real sister of the mentally ill person Suresh and
she is in custody and possession of mentally ill person.
2. The father of the mentally ill person and petitioner by name
Keshav Jiva Chauhan alias Chawhan was working with Central
Railway, on the post of Ex. Jamadar TNA/Peon under PPO No.
101022010000113. Accordingly at Exh.B Letter dtd. 19.04.2010 issued
by Central Railway to the State Bank of India, Mumbai has been
annexed. It is further contended by the petitioner that the mother of
Petitioner and Mentally ill person by name Kamu Keshav Chauhan died
on 06.02.2016 and their father Keshav Jita Chawhan alias Chauhan died
on 02.09.2016. Accordingly the coy of Death Certificate of Kamu
Keshav Chauhan and Keshav Jita Chawhan alias Chauhan are annexed
along with petition by the petitioner at Exh. C colly. According to
petitioner, after demise of parents, petitioner is the only heirs and legal
representatives of the mentally ill person Suresh.
3. The deceased Keshav was having Family Identity Card No.
144641 of Central Government. The name of mentally ill person along
with his photograph is also mentioned in Family Identity Card No.
144641 of which copy is annexed herewith at Exh. D.
4. Petitioner states that Suresh is having disability of Mental
Retardation of 90% in nature and accordingly same is declared by J.J.
Hospital vide Certificate No. 32649 dated 12.11.2013 approved by
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Professor Member, Medical Superintendent and DEAN. Copy of the said
certificate is annexed with the petition at Exh. E.
5. According to petitioner, the Divisional Officer of Central Railway
vide letter dated 25.04.2017 requested the Chief Medical
Superintendent, Central Railway, Mumbai Division bearing No.
BB/P/311/Settle/Handicapped to issue Medical Certificate from the
Railway Medical Board for Shri Suresh Keshav Chauhan alias Chawhan
son of late Keshav Jiva Chawhan alias Keshav Jiva Chauhan. On the
request of said letter Central Railway Hospital, Kalyan, Dist. Thane,
Maharashtra issued Certificate No. KYN/H/5JC dated 11.10.2017 to
Shri Suresh Keshav Chauhan alias Chawhan by Additional Chief Medical
Superintendent, SRDMO, M.S/Sr.D.M.O. and Chief Medical
Superintendent. The copy of request letter is at Exh. F collectively along
with said certificate.
6. The petitioner further states that State Bank of India, Mazgaon
Branch, issued letter dtd. 02.07.2018 mentioning that Keshav Jiva
Chawhan alias Keshav Jiva Chauhan having Account No. 30998325689
State Bank of India, Mazgaon Dock Branch, which is closed on
29.06.2018. Copy of the said letter is at Exh. G. The petitioner further
states that she has opened Saving Bank Pension Account No.
000412110000779 in Bank of India situated at Bandra (west), Mumbai
Branch of Mentally ill person with the name of petitioner as second
holder. She produced on record copy of passbook of the said account is
at Exh. H.
7. The petitioner further states that the Central Railway Division
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Officer, CST, Mumbai vide its letter dtd, 20.10.2018 under reference
No. BB/P/FP/SKC directed the petitioner to submit the Guardianship
Certificate from the Court to receive Family Pension. The said letter is
annexed with the petition at Exh. T.
8. The Consent Affidavit of the near relative of the mentally ill
person is annexed at Exh. J. The petitioner further states that she is full
time proper person to appoint as Guardian of mentally ill person being
real sister of mentally ill person Shri Suresh Keshav Chauhan alias
Chawhan and having no interest directly or indirectly or adverse interest
in the property or in any movable property including Pension received
by mentally ill person. Accordingly this petition is filed.
9. At Exh. 2, the petitioner filed undertaking that the pension
amount will be used only for the benefit of mentally ill person with
further undertaking that petitioner will not used the pension amount for
her personal use.
10. As per Section 14 of Rights of Person with Disabilities Act, 2016
provides for appointment of Guardian for mentally ill person, by the
District Court. The said Act provides for examination of mentally ill
person by Certification Committee. The Ld. Advocate for the petitioner
has produced on record copy of certificate of J.J. Hospital, Mumbai
bearing No. 32649 dated 12.11.2013 showing permanent, non
progressive mental disability of 90% with remark “Mental retardation,
severe and not likely to improve”. The Ld. Advocate for the petitioner
also produced on record certificate of Central Railway Hospital, Kalyan
bearing No. KYN H/SJC dated 11.10.2017 showing non progressive and
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not likely to improve disability of 90% with remark Mental Retardation.
Therefore the said certificates are as per Rule 18(3)(i) of the Rights of
the person with disabilities Rules, 2017.
11. After going through the averments in the petition which are
supported by Affidavit of petitioner and Consent Affidavit of Meera
Harish Solanki i.e. sister of mother of mentally ill person and upon
considering the Disability Certificate mentioned above, I am satisfied
that the Suresh is suffering from 90% permanent mental disability. He
needs full time support. For receiving pension of deceased father of
mentally ill person, petition is required to be appointed as guardian
being real sister of mentally ill person. There are no other legal heirs to
the deceased Keshav and deceased Kamu i.e. father and mother of the
petitioner and mentally ill person. The copy of Family Identity Card
reflects the same. No adverse interest of the petitioner is apparent.
Therefore,, I am inclined to appoint petitioner as guardian of mentally
ill person Shri Suresh Keshav Chauhan alias Chawhan. Accordingly
following order is passed :
FINAL ORDER
1. Guardian Petition No. 79/2019 is allowed.
2. The petitioner Bhanu Dalpat Makwana Nee Bhanu Keshav
Chauhan, aged 48 years is appointed under section 14(1) of
the Rights of Persons with Disabilities Act, 2016, as guardian
for her real brother Suresh Keshav Chauhan alias Chawhan
for receiving Family Pension of the deceased father of the
mentally ill person.
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3. 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 Shri Suresh Keshav Chauhan alias Chawhan in
her charge and the sums received and disbursed on account
towards Family Pension and balance remained with the
petitioner.
4. The petition is allowed and disposed off accordingly.
Date: 15.04.2019 K.R.JOGLEKAR
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 15.04.2019
Typed on : 18.04.2019
HHJ signed on : 20.04.2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
23.04.2019 at 5.30 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 15.04.2019
Order signed by P.O. on 20.04.2019
Order uploaded on 23.04.2019
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