Final Order 1

Order Details: Other
Pdf Text: Order ..1.. Mental Health Petition No.151/2024
MHCC010048082019
IN THE CITY CIVIL COURT AT GREATER MUMBAI
MENTAL HEALTH PETITION NO.151 OF 2024
Maya Unnikrishnan Karoth
Age: 44 years, Occ: Teacher,
Residing at
Tisgaon Naka, E-Wing, Flat No.203,
Kalyan, Katemanaivali,
Thane, Maharashtra 421 306. ...Petitioner
Appearance
Adv. S.V. Deolekar for the petitioner.
CORAM : HIS HONOUR JUDGE
R.V. Bhakta
(Court No.: 2)
DATED : 21st September, 2024
O R D E R
The petitioner is sister of Kayampurath Daya Pushpan Pushpa (in
short 'the ward'). According to the petitioner, the ward is aged 41 years
and suffering from Intellectual Disability 90%. She is being provided
with the treatment regularly. The ward is taken care of by the petitioner.
2. The petition is supported by verification on solemn affirmation.
The applicant has also filed on record the affidavit. Public notices in
News papers Mumbai in Malayalam language “Matrubhumi” dt.
28.01.2022 and English “The Free Press Journal” dt. 26.01.2022 were
issued calling objection for appointment of applicant as a guardian of
the ward. However no objection is received till today.
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Order ..2.. Mental Health Petition No.151/2024
3. My predecessor has referred the ward to the Lokmanya Tilak
Municipal General Hospital, Sion, 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 21.06.2024. Their findings
are that ward is suffering from Intellectual Disability 90% and further
observed that he need support of care giver for daily activity.
4. In the light of the above mentioned facts and
circumstances, I am convinced that the ward is suffering from
Intellectual Disability 90% 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. She needs support of guardian.
5. The petitioner has no apparent adverse interest to the ward.
Therefore, her appointment as her guardian and manager of her
properties would be appropriate. The relatives have not having
objection for transfer the any property or credits or security or any
personal property belong to ward. It is the case of petitioner that
mother of ward, who now being old aged about 72 years, and father of
ward expired on 25.08.2007 leaving behind certain movable and
immovable properties. Accordingly, the following order is passed :-
ORDER
1. The petitioner Maya Unnikrishnan Karoth, aged about 44 years, is
appointed as the guardian under the Rights of Persons with Disabilities
Act, 2016 for her sister Kayampurath Daya Pushpan Pushpa, aged about
41 years from today. She is appointed as Manager for her and her
properties in the benefit of ward.
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Order ..3.. Mental Health Petition No.151/2024
2. The petitioner is authorised to act for and on behalf of
Kayampurath Daya Pushpan Pushpa to manage and operate Bank
Account and for investment purpose and also for her medical treatment
and maintenance of said Kayampurath Daya Pushpan Pushpa. The
petitioner shall not alienate the interest of Kayampurath Daya Pushpan
Pushpa 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
Kayampurath Daya Pushpan Pushpa in her 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.V. Bhakta)
Judge, City Civil Court, Gr. Mumbai
Dated : 21.09.2024
Typed on : 21.09.2024
HHJ signed on : 21.09.2024
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Order ..4.. Mental Health Petition No.151/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 21.09.2024, 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.V. Bhakta
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
21.09.2024
JUDGMENT/ORDER signed by P.O.
on
21.09.2024
JUDGMENT/ORDER uploaded on 21.09.2024
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