Final Order 1

Order Details: Other
Pdf Text: 1 M.H. Petition No.176/19
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
MENTAL HEALTH PETITION NO. 176 OF 2019
Mrs. Prachi Suhas Kushe,
aged about 43 years,
Indian inhabitant of Mumbai,
presently residing at R.No. 96,
2nd floor, Badrikashram Bldg.,
1st Khetwadi, Girgaon,
Mumbai 400 004
And having address at 1,
Charkop Jupiter Cooperative
Hsg.Socy.Ltd., Plot No. 137,
Sector 6, near Dominoz Pizza,
Kandivali (W), Mumbai 400 067 ...Petitioner
Appearance: Adv. Ms. Seema Hunnurkar for the Petitioner.
Coram : Ashutosh N. Karmarkar,
Judge, (Court Room No. 54)
Dated : 11th November, 2019
ORDER
1. This is an application under Sec. 14 of Right of Person with
Disability Act, 2016 and appointment of legal guardian of property and
person of Ms. Dharna Suhas Kushe, who is mentally retarded person.
2. According to the petitioner, she is natural mother of Ms.
Dharana Suhas Kushe, who is mentally retarded person. The father of
Ms. Dharana died on 03.09.2018. Ms. Dharna who is mentally retarded
person is now under the care and custody of the petitioner. The said
girl is incapable for taking care of herself. She is residing at room No.
96, second floor, Badrikashram Building, 1st Khetwadi, Girgaon,
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Mumbai400 004, alongwith the petitioner. The petitioner has the only
daughter Ms. Dharna in the wedlock with late husband. Mentally ill
health girl Ms. Dharna is 22 years of age. She is having mental
retardation and suffering from autism. She is unable to take care of
herself and her property and is also unable to manage its affairs. Ms.
Dharna was also examined by the doctor of J.J. Hospital. As per their
opinion she is suffering from mentally retardation and autism and her
IQ level is only 33%. The applicant is not interested in any
reimbursement of amounts spent by her. The petitioner is seeking order
for appointing her as Guardian of Ms. Dharna to be able to manage and
take care of her and also of her property left by her deceased father.
3. I have heard Advocate for the applicant. I have perused
papers.
4. Order has been passed for getting alleged mentally ill
person examined by J.J. Hospital. The said hospital has sent their
report vide outward No. 10060/2019 dated 11.10.2019. It appears that
the concerned doctor has visited the house of the applicant to examine
alleged mentally ill person. It is intimated by the said hospital that Ms.
Dharna Kushe has severe intellectual disability. She requires support
in all activities of daily living and she cannot make her own decision. It
is specifically mentioned that Ms. Dharna does not understand concept
of time, money and written language. The above mentioned illness fall
in category of specific mental illness which is given in the schedule
appended to the right of person with Disability Act.
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5. Sec.14 of this Act, empowered District Court to appoint
guardian by way of temporary and full time support. The applicant is
the natural mother of Ms. Dharna. Copy of one of the certificate J.J.
Hospital dated 19.07.2004 is also on record, which shows that IQ level
of this girl is 33% and she had severe mental retardation and autism.
The affidavit of the petitioner is filed as Exh.F in support of her
contention that she had no adverse interest of child Ms. Dharna and
her property. Two Affidavits of aunts Ashwini Arun Bhosle and Mrs.
Sneha Parkar of Ms. Dharna also filed as Exhs. D and E mentioning of
their no objection for appointing the applicant as a guardian.
6. Considering these facts, I am of the opinion that there is
need to appoint petitioner as guardian to take care of her own daughter
Ms. Dharna and to manage her property. The petitioner appears to be
fit person for appointment as a guardian it would be proper to direct
her to appoint legal guardian of the person and property to take care on
daily basis.
7. Schedule of the property is given at page 37A. There is
also contention in the application that the applicant is seeking
appointment as guardian to manage property left behind by the
deceased father of Ms. Dharna. Affidavit is filed in support of
contention. It appears that the petitioner had no adverse interest.
Therefore, I am of the opinion that the application deserves to be
allowed. Accordingly, I proceed to pass order in following terms.
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ORDER
1. Mental Health Petition No. 176 of 2019 is hereby allowed.
2. The Petitioner Mrs. Prachi Suhas Kushe, aged 43 years is
appointed under Sec. 14 (1) of the Rights of Person with Disabilities
Act, 2016 as a Guardian for her daughter Ms. Dharna Suhas Kushe,
aged about 22 years and for her property.
3. The Petitioner shall furnish to this office in three months at the
close of every financial year an account of the property and the asset of
Ms. Dharna Suhas Kushe in her charge and sum received and disbursed,
if any, and the balance remaining with the petitioner.
4. Mental Health Petition No. 176/2019 is disposed off accordingly.
( Ashutosh N. Karmarkar )
Judge,
Date : 11.11.2019 City Civil Court, Gr. Mumbai.
Dictated on : 11.11.2019
Transcribed on : 13.11.2019
Date of sign : 18.11.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 18.11.2019 2.50 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
11.11.2019
JUDGMENT /ORDER signed by P.O. on 18.11.2019
JUDGMENT /ORDER uploaded on 18.11.2019
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