Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment 1 M.H. Petition No. 57/2020
Received on : 23.01.2020
Registered on : 27.03.2020
Decided on : 10.01.2022
Duration : 01 09 15
Y M D
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
MENTAL HEALTH PETITION NO.57 OF 2020
(CNR No.MHCC010033722020)
Joan Margaret Dias
Age: 67 years,
R/o: 248/15, Bosco Mansion
stn. Road, Wadala (W),
Mumbai31. ...Petitioner
Appearance :
Ms. Swapnila Rane Advocate for the Petitioner.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 10th January, 2022.
JUDGMENT
1. This petition is filed by petitioner to appoint her as a total
supportive guardian of mentally ill person namely Peter Percival Dias,
under section 14(1) of the Right of Person with Disabilities Act, 2016.
2. The facts in brief are as under;
Petitioner is the sister of Peter Percival Dias, aged 69 years old
and he is suffering from Psychological help and Schizophrenic.
Mr. Peter Dias is hospitalized and undergoing medication, counseling
and other treatment at Chaitanya Institute for Mental Health, Pune.
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Judgment 2 M.H. Petition No. 57/2020
Parents of petitioner and Peter Dias i.e. Margaret Dias and Percival
Dias are no more. Thus, petitioner is taking care and looking after Peter
Dias. Petitioner further contended that petitioner and Peter had a sister
namely Elizabeth Dias. Ms.Elizabeth expired on 11/01/2017 at
Mumbai. She died intestate. Petitioner and Peter has a share and
interest in the assets of Ms. Elizabeth as mentioned in Exh. 'H'. Hence,
it is necessary to appoint the petitioner as a guardian of Peter Dias.
Accordingly, prayed to allow the application.
3. Public notice and citation notice issued. However, no one raised
objection. Heard Ms. Swapnila Rane Advocate for petitioner.
4. From the perusal of record, it appears that petitioner and Peter
Dias are real sister and brother. Their parents are no more. It also
appears that their sister Elizabeth Dias died on 11/1/2017 intestate.
The medical papers do show that Peter Dias is suffering from
Psychological help and he is undergoing treatment at Chaitanya
Institute, Pune. It also appears that petitioner is looking after and taking
care of Peter Dias. Hence, in such a circumstance petitioner is the fit
person to appoint as a total supportive guardian of Peter Dias. Hence,
following order.
ORDER
1. The petitioner Joan Margaret Dias, aged about 67
years is appointed under section 14(1) of the Rights of
Persons with Disabilities Act, 2016 as the total support
guardian for her brother Mr. Peter Percival Dias born on
10/08/1951 and as Manager of his properties.
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Judgment 3 M.H. Petition No. 57/2020
2. The petitioner shall file in this Court in a period of three
months from today and three months immediately after the
end of every financial year, the returns of the movable and
immovable properties and dues owned by Mr. Peter
Percival Dias.
3. The petitioners shall take prior permission of this Court
before transferring any of the immovable properties of
Mr. Peter Percival Dias.
4. The petition is allowed and disposed off accordingly.
(G.B.Gurao)
Judge,
City Civil & Sessions Court,
Date : 10/01/2022. Mumbai.
Dictated on : 10 & 17.01.2022.
Transcribed on : 18.01.2022.
Date of sign : 19.01.2022.
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Judgment 4 M.H. Petition No. 57/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
19.01.2022. 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 10.01.2022.
Order signed by P.O. on 19.01.2022.
order uploaded on 19.01.2022.
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