Final Order 1

Order Details: Copy of Judgment
Pdf Text: Mental Health Petition No.160/2019 1
Presented on : 19/06/2018
Registered on : 19/06/2018
Decided on: 29/01/2021
Duration : 02Y 07M 10D
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
MENTAL HEALTH PETITION NO.160 OF 2019
(CNR No.MHCC02-007329-2018)
In the matter of Mental Health
Act, 1987,
AND
In the matter of appointment of
Guardian of property and person
of Jitendra Lalji Kenia.. Mentally
retarded person
1. Bhupendra Lalji Kenia ]
R/at: 324/c,M.S. Ali Road, ]
Chandu Bhuvan, Flat No.8, ]
2nd Floor, Near Super Cinema, ]
Grant Road (E), Mumbai-07. ]
2. Manoj Lalji Kenia ]
R/at.: 39/B, Navyug Mansion, ]
5th Floor, Sleater Rd., Grant ]
Road Station (W), ]
Mumbai-400 007. ]
3. Meena Jayant Vora ]
R/at.: 301 Jai/Bhavani Apts, ]
3rd Floor, Ram Mandir Road, ]
Vile Parle (E), Mumbai-57. ] … Petitioners
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Mental Health Petition No.160/2019 2
Appearance:
Bhatia, Ld. Advocate for the petitioner.
CORAM : H.H.THE ADDL. SESSIONS JUDGE
SHRI. MILIND V. KURTADIKAR
(C.R. No.17)
DATED : 29th JANUARY, 2021
(Dictated and Pronounced in Open Court)
JUDGMENT
This is a petition under Mental Health Act, 1987 for
appointment of guardian of the person and property of
mentally retarded person namely Jitendra Lalji Kenia.
2. It is submitted on behalf of petitioner that
petitioner Nos.1 and 2 are the real brothers while petitioner
No.3 is the real sister of mentally retarded person Jitendra Lalji
Kenia. They have no adverse interest against him. Said
Jitendra is mentally retarded and his IQ leval is 35 as reported
by the medical ofcer. So his is unable to take care of himself
and to manage its afairs. Petitioners are taking care of
Jitendra and looking after his daily needs, food and medicines.
Their parents are no more. Petitioner No.2 and said Jitendra
are the co-owners of fat having equal undivided share. In
such circumstances it is very much necessary to appoint
petitioners as guardian of said Jitendra.
3. In support of said petition they have fled afdavit at
Exh-F colly reiterating the contention made out in the petition
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Mental Health Petition No.160/2019 3
and they have no adverse interest against said Jitendra. The
death certifcates of their parents are also placed on record.
The original medical certifcate is produced on record along
with pursis Exh-04. It shows that, his mental ability is of fve
year six months and he is having moderate intellectual
disability. It goes to show that, said Jitendra is mentally
retarded and dependent on others.
4. Along with application Exh-03 the membership
certifcate of fat No.B-39 of Navyug Mansion CHS is placed on
record having petitioner No.2 Manoj and mentally retarded
person Jitendra having equal undivided share. There are
afdavits of Pravin Hiraji Kenia, Mrs. Vasanti Pravin Kenia and
Jayant Dharshi Vora at Exh-F colly giving no objection for
appointment of petitioners as guardian of said Jitendra.
5. So considering above evidence I am oif the opinion
that it is necessary to appoint petitioners as guardian of the
person and property of mentally retarded person namely
Jitendra Lalji Kenia.
ORDER
1. Mental Health Petition No.160/2019 is hereby allowed.
2. Petitioner No.1 Bhupendra Lalji Kenia Petitioner No.2 Manoj
Lalji Kenia and Petitioner No.3 Meena Jayant Vora are hereby
appointed as legal guardian (without security and
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Mental Health Petition No.160/2019 4
remuneration) of the person and property of the mental
retarded person Mr. Jitendra Lalji Kenia.
3. In case of demise of anyone of the petitioner, the remaining
petitioners are permitted to be continued as guardian of
person and property of said Jitendra.
4. Mental Health Petition No.160/2019 stands disposed of
accordingly.
Date:- 29.01.2021. (Milind V. Kurtadikar)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 29.01.2021
Transcribed on : 04.02.2021
HHJ signed on : 06.02.2021
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Mental Health Petition No.160/2019 5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
08.02.2021 03.50 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.
29.01.2021
Judgement/order signed by
P.O on
06.02.2021
Judgement/order uploaded on 08.02.2021
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