Final Order 1

Order Details: Other
Pdf Text: 1 RPWD Petition 107/19
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
R.P.W.D. PETITION NO. 107 OF 2019
Ms. Susan Dianna Kuruvilla
Christian Age; 62 years,
Occ: Social Service,
The niece of the Mentally Ill Person,
Residing at 302 Neo Pearl CHS,
Jai Bhavani Mata Road, Thomas
Palace, Amboli, Andheri (W),
Mumbai400 058 ...Petitioner
Appearance: Adv. Ms. Amruta Agrawal for the Petitioner.
Coram : Ashutosh N. Karmarkar,
Judge, (Court Room No. 54)
Dated : 3rd Januar, 2020
ORDER
1. This application is filed for appointing the
applicant/petitioner as a guardian to take care of person and property
of Mentally Ill Person Ms.Lorreta Lawrence (hereinafter referred to as
Mentally Ill Person).
2. This Mentally Ill Person was born on 10.08.1941, at
Mumbai from the wedlock of late Mr. Francis and late Mrs. Lilia
Lawrence. She had one elder brother and one elder sister. Her elder
brother died as bachelor on 09.04.2012. The parent of Mentally Ill
Person are also no more. The petitioner is the niece of Mentally Ill
Person. She is a daughter of Ms. Hilda Lawrence, who is real sister of
Mentally Ill Person. Presently, the petitioner is engaged as social
worker with organisation named as Society of St.Vincent D. Paul. The
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petitioner is taking good care of Mentally Ill Person. The petitioner has
three sisters and one brother. They have given their consent to appoint
the petitioner as a guardian of the Mentally Ill Person and to manage
her property. The alleged Mentally Ill Person has no legal heir as she is
spinster. The Mentally Ill Person's gradual deterioration of mental
health began in or about 1972, as described in para 7. She was shifted
to Mother Teresa Home and then to Shri Swami Samarth Sewabhavi
Sanstha and finally shifted to M.J.M.Ayurveda Hospital and Home. The
alleged Mentally Ill Person developed the symptoms of progressive
memory lapse. She is incapable of taking any decision as regards her
health, wellbeing and her properties. The alleged Mentally Ill Person
has been suffering from Schizophrenia since 40 years and Dementia
from last two years. The case papers of the Mentally Ill Person and the
medical certificate are also placed on record.
3. I have heard Ld. Advocate for the petitioner. She has
submitted that the medical treatment and medical certificates of the
Mentally Ill Person are placed on record. According to her, the
applicant is incurring expenses for the wellbeing of the alleged
Mentally Ill Person. She has shown entries of the bank passbooks about
entries regarding incurring of expenses to different trust where the
alleged Mentally Ill Person is treated.
4. The contents in the application are verified by the
petitioner on solemn affirmation. She has also filed her affidavit in
support of her application. Death certificates of the parents of Mentally
Ill Person, death extract of elder brother of Mentally Ill Person, death
extract of the elder sister of Mentally Ill Person are placed on record. It
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appears from the copy of family Tree Exh.B that the alleged Mentally Ill
Person has one elder brother and one elder sister. The petitioner is one
of the daughter of elder sister of Mentally Ill Person. This petitioner has
other three sisters and one brother. The consent affidavit of sister
Mariyam, Mrs. Pearl and Mrs. Marina are filed at Exh.F. It is contended
in the application that the petitioner's brother Mathew is officer in
Navy. He has provided his consent through personal email which is
filed at Exh.F.
5. Original medical opinion certificates are placed on record is
marked as Exh.3. It's typed copy is also filed, which is at Exh.4. I have
perused medical certificate issued by Lokmanya Tilak Municipal Medical
College & General Hospital, Sion Mumbai. The psychiatric examination
shows that the Mentally Ill Person was not able to tell what she ate for
dinner yesterday. She has stated that she was in home from one and
half year. The Medical Officer has specifically reported that the
Mentally Ill Person is suffering from Schizophrenia since 40 years and
Dementia from last two and half years. It is further reported in the
certificate Exh.3 that due to illness, Mentally Ill Person Ms. Loretta
Lawrence, is not able to take care of her finances and other matters.
This kind of illness as mentioned can be said to be in the category of
mental illness as given in the schedule appended to the Rights of
Persons with Disabilities Act. Copy of certificate from Mother Teresa
Home which is a project by SPM Trust Exh.G also shows that the
alleged Mentally Ill Person is a person with schizophrenia and was
under psychotic treatment. It appears that the alleged Mentally Ill
Person was treated at Mother Teresa Home and MJM Ayurveda Hospital
& Home and Bhakti Vedanta Hospital. So, the contents in the
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application supports from these documents and the affidavit of the
applicant/petitioner.
6. Considering these facts, I am of the opinion that the
applicant needs to be appointed as a guardian to take care and also to
manage property of mentally ill person Ms. Lorreta Lawrence
7. The applicant has also placed on record the schedule of
property, which consist of shares in the name of Mentally Ill Person
(Exh.K). It is reported that there is no other immovable property in the
name of mentally ill person except shares and debentures. Ld. Advocate
for the petitioner has submitted that the applicant is getting cheques in
the name of Mentally Ill Person regarding share dividend but she is
unable to deposit the same and the original share certificates are also
not available. Thus, I am of the opinion that the petitioner is required
to be appointed as a guardian of Mentally Ill Person.
8. For the reasons stated above, the application deserves to
be allowed. Accordingly, I proceed to pass order in following terms.
ORDER
1. Petition is allowed.
2. The Petitioner/Applicant Ms. Susan Dianna Kuruvilla , aged 62 years
is appointed under Sec. 14 (1) of the Rights of Person with Disabilities
Act, 2016 as guardian for her aunt Ms. Lorreta Lawrence and for her
property.
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3. The Petitioner/Applicant shall furnish to this office in three months
at the closer of every financial year an account of the property and
assets of Ms. Lorreta Lawrence, in her charge and the sums received and
disbursed on account of her and balance remaining with the applicant.
4. The Petitioner/Applicant shall take prior permission of this Court
before alienating any of the movable/immovable properties of
Ms.Lorreta Lawrence.
( Ashutosh N. Karmarkar )
2nd Addl. Principal Judge,
Date : 03.01.2020 City Civil Court, Gr. Mumbai.
Dictated on : 03.01.2020
Transcribed on : 04.01.2020
Date of sign : 06.01.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 08.01.2020 5.55 P.M.
NAME OF STENOGRAPHER : S.S.BATHE
Name of Judge (with Court Room No.) Shri A.N. KARMARKAR
(C.R.No.54)
Date of Pronouncement of
JUDGMENT /ORDER
03.01.2020
JUDGMENT /ORDER signed by P.O. on 06.01.2020
JUDGMENT /ORDER uploaded on 08.01.2020
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