Final Order 1

Order Details: Copy of Judgment
Pdf Text: Guardian Petition No.101/2020 1
Presented on : 27/11/2020
Registered on : 27/11/2020
Decided on: 10/02/2021
Duration : 00Y 02M 14D
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
GUARDIAN PETITION NO.101 OF 2020
(CNR No.MHCC02-005293-2020)
In the matter of Rights of Persons
with Disabilities Act, 2016
AND
In the matter of Petition for
appointment of Guardian or Dr.
Ashitbaran Ramanlal Desai ..
Disabled Person
1. Dr. Ashim Ashitbaran Desai ]
Aged about 54 years, ]
Hindu Indian Inhabitant of ]
Mumbai, ]
R/at: Laud Mansion, 21, ]
Queen’s Rd, Mumbai-400 004. ]
2. Mrs. Sonali Ratnesh Kumar ]
nee Sonali Ashitbaran Desai ]
Aged about 47 years, ]
R/at: B 304, Signature Island, ]
Opp. Softel Hotel, ‘G’ BlocI, ]
BKC, Mumbai-400 051. ] … Petitioners
Appearance:
PinaIin Modi, Ld. Advocate for the Petitioners.
CORAM : H.H.THE ADDL. SESSIONS JUDGE
SHRI. MILIND V. KURTADIKAR
(C.R. No.17)
DATED : 10th FEBRUARY, 2021
(Dictated and Pronounced in Open Court)
JUDGMENT
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Guardian Petition No.101/2020 2
This is a petition under Rights of Persons with
Disabilities Act, 2016 for appointment of guardian of disabled
person.
2. It is argued that Dr. Ashitbaran Ramanlal Desai
aged about 88 years is a disabled person sufering from
disability. His wife is no more. Applicants being son and
daughter are the only legal heirs of disabled person. Being of
his ailment he is unable to carry out daily activities without
assistance of after person. The disability is not liIely to
improve. Both the applicants are taIing care of patient. They
have no adverse interest against him. Therefore, they may be
appointed as his guardian.
3. In support of above contentions both the applicants
have fled joint afdavit reiterating the contention raised in
afdavit. As such both applicants being son and daughter are
the only legal heirs of disabled person. There is certifcate of
Dr. Ajay Vyas dated 30.10.2020 along with application
certifying that disabled person was sufering from...
(a) Multiple cerebral infarcts with grossly impaired dexterity
and is therefore unable to write or hold anything.
(b) Advanced stage of Normal Pressure Hydrocephalus with
gross gait apraxia causing a complete inability to stand up or
walI without aid.
(c) Infarction in the speech area of the cortex appears to
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Guardian Petition No.101/2020 3
have caused global aphasia and is therefore unable to speaI.
As per opinion of Doctor he is unable to carry out of his daily
activities without assistance. The disability is permanent in
nature and not liIely to improve. In such circumstances it is
very much necessary to appoint applicants as guardian. They
have no adverse interest against him and ready to worI as
joint guardian without security and remuneration. As such the
application is liIely to be allowed. Accordingly, the order.
ORDER
1. Guardian Petition No.101/2020 is hereby allowed.
2. Petitioner Nos.1 Dr. Ashim Ashitbaran Desai and Petitioner
No.2 Mrs. Sonali Ratnesh Kumar nee Sonali Ashitbaran Desai
are hereby appointed as joint guardians (without security and
without remuneration) of the property and person of disabled
person Dr. Ashitbaran Ramanlal Desai.
3. Guardian Petition No.101/2020 stands disposed of
accordingly.
Date:- 10.02.2021. (Milind V. KurtadiIar)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 10.02.2021
Transcribed on : 10.02.2021
HHJ signed on : 10.02.2021
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Guardian Petition No.101/2020 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
11.02.2021 02.36 p.m. Sanjay Baliram KasIar
(Stenographer Grade-I)
Name of the Judge HHJ Shri M.V. KurtadiIar
(CR No.17)
Date of Pronouncement of
Judgement/Order.
10.02.2021
Judgement/order signed by
P.O on
10.02.2021
Judgement/order uploaded on 11.02.2021
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