Final Order 1

Order Details: Copy of Judgment
Pdf Text: Mental Health Petition No.155/2019 1
Presented on : 02/05/2019
Registered on : 02/05/2019
Decided on: 05/03/2021
Duration : 01Y 10M 03D
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
MENTAL HEALTH PETITION NO.155 OF 2019
(CNR No.MHCC02-004810-2019)
In the matter of appointment of
the Guardian and the manager
of the person and properties of
Mrs. Gool Fali Todywala under
the Rights of perons with
Disabilities Act, 2016
Mr. Percy Adi Mistry ]
A Parsi Zoroastrian Male, ]
Aged about 48 years, ]
Occupation: Self Employed ]
R/at: 382/A, Pavwalla building, ]
Block No.15, 2nd Floor, M.S.Ali ]
Road, Grant Road, ]
Mumbai-400 004. ] … Petitioner
Appearance:
Manek Kalyaniwala, Ld. Advocate for the Petitioner.
CORAM : H.H.THE ADDL. SESSIONS JUDGE
SHRI. MILIND V. KURTADIKAR
(C.R. No.17)
DATED : 05th MARCH, 2021
(Dictated and Pronounced in Open Court)
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Mental Health Petition No.155/2019 2
JUDGMENT
This is a petition under the Rights of Persons with
Disabilities Act, 2016 for appointment of guardian and the
manager of the person and properties of mentally retarded
person Mrs. Gool Fali Todywala.
2. It is submitted on behalf of petitioner Mr. Percy Adi
Mistry that, the mentally retarded lady Mrs. Gool Fali Todywala
is 83 years old issueless widow. Her husband Framroz (Fali)
Muncherji Todywala died on 06.10.1983. Her family consist of
elder brother Adi Jehangirji Mistry, Pinky Darius Mistry,
daughter of another brother Burjor Jehangirji Mistry and
petitioner being her nephew i.e. son of her brother Adi. Being
mentally retarded she is unable to take care of herself and her
properties. She is totally dependent on others. Petitioner is
looking after the day to day basic needs including food,
medicines and maintenance. The mentally ill person was
retired employee of National Sports Club of India getting
pension. She is having movable as well as immovable
properties. Petitioner has no adverse interest against the
mentally retarded person. Therefore it is incumbent to appoint
petitioner as the guardian and manager of the person and
property of mentally retarded person.
3. In support of petition the petitioner has fled his
supportive afdavits along with the petition. So also there is
afdavit of his father Adi for appointment of petitioner as a
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Mental Health Petition No.155/2019 3
guardian of mentally retarded lady. There is medical
certifcate on record at Exh-05 disclosing that, she is sufering
from major mental illness having 70% disability. It is also
mentioned that she requires support for her social, personal
and fnancial decisions. The list of her movable and
immovable properties is attached along with petition. So
considering her disability it is quite but natural to appoint
petitioner as guardian and manager of her person and
properties. Accordingly, the order.
ORDER
1. Mental Health Petition No.155/2019 is hereby allowed.
2. Petitioner Mr. Percy Adi Mistry is hereby appointed as
guardian and manager of the person and properties (more
particularly described in Exhibit-H with the petition) of the
mentally retarded person Mrs. Gool Fali Todywala.
3. Petitioner Mr. Percy Adi Mistry is hereby allowed to vary,
use, encash, operate, close, redeem, invest, reinvest, renew
leave and license agreement, pay medical insurance
(mediclaim), operate bank locker and to take such steps to
utilise the securities mentioned in Exhibit-H to the petition for
the welfare and betterment of the mentally retarded person
Mrs. Gool Fali Todywala.
4. Petitioner Mr. Percy Adi Mistry is hereby allowed to give
consent, made written representation, correspond and
communicate with the banks and fnancial institutions, post
ofce, local authority, judicial and quasi-judicial authorities
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Mental Health Petition No.155/2019 4
and such other authorities as may be necessary in the interest
of maintenance of the mentally retarded person Mrs. Gool Fali
Todywala and for managing her properties more particularly
mentioned in Exhibit-H along with petition.
5. Mental Health Petition No.155/2019 stands disposed of
accordingly.
Date:- 05.03.2021. (Milind V. Kurtadikar)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 05.03.2021
Transcribed on : 08.03.2021
HHJ signed on : 08.03.2021
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Mental Health Petition No.155/2019 5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
10.03.2021 01.54 p.m. Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.17)
Date of Pronouncement of
Judgement/Order.
05.03.2021
Judgement/order signed by
P.O on
08.03.2021
Judgement/order uploaded on 10.03.2021
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