Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 M.H. Petition No.189/19
Registered on : 17.07.2019
Decided on : 28.02.2020
Duration : 00 Y. 07 M. Ds.11
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
MENTAL HEALTH PETITION NO. 189 OF 2019
Sanjeev Parmeshwariprasad Kamalia
Mumbai, Indian Inhabitant, age
59 years, residing at 502 Mansoravar,
Plot No. 647, Bhausaheb Hire Marg,
Mumbai 400 006 ...Petitioner
Appearance: Adv. Mrs. D.B. Raghani for the Petitioner.
Coram : Ashutosh N. Karmarkar,
1st Addl. Principal Judge, (Court Room No. 54)
Dated : 28th February, 2020
JUDGMENT
1. The applicant has prayed for declaring that mentally ill
person is permanently retarded and for appointment of the applicant as
guardian to manage and take care of personal affairs of mentally ill
person.
2. Renu Parmeshwariprasad Kamalia, is the mentally ill
persons. She was born on 09.09.1958. The applicant is brother of
mentally ill person. The age of the father and mother of mentally ill
person are 91 and 88 years. They are unable to manage the affairs of
mentally ill person. The applicant is residing with mentally ill person
and their parents. The mentally ill person was earlier examined by J.J.
Group Hospital on 01.03.2004 and certificate was issued of her
disability. The mentally ill person is going to School at Om Creation
Trust at Lower Parel. There is also bank account in Citibank in the joint
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name of the mentally ill person and her father. Various amounts
received by mentally ill person by way of gifts from relatives and friends
have been deposited as a loan with a partnership firm of Messrs. P.R.
Trading Company, wherein, the applicant and his wife are partners.
The interest accrued on the said loan amount is being deposited in the
said account of Citibank. The mentally ill person and her old age father
are not in a position to operate the said account so, it is necessary to
appoint guardian. The parents of the appellant have also given consent
for appointment of applicant as a guardian of Renu. There are no assets
belonging to mentally ill person. The applicant has one married sister.
3 The applicant has placed on record photocopy of certificate
mentally retarded issued by J.J.Groups of Hospital on 31.05.2014. The
photocopy of the certificate regarding mentally retarded of Renu dated
01.03.2004 is also filed. The consent letter of Parmeshwari Prasad and
Draupadidevi, parent of the applicant and mentally ill person are also
filed at Exh. E & F. They have given no objection for appointment of
applicant as a guardian of Renu. Affidavit of the applicant dated
16.07.2019, is filed in support of application. Separate affidavits of
Parmeshwariprasad and Draupadidevi Kamalia at Exh.2 and 3 are filed.
It appears that age of Parmeshwarprasad is 91 and Draupadidevi is 88
years. These affidavits also shows that, the age of mentally ill daughter
is 60 years. They have shown inability to manage the affairs of
mentally ill lady and they have no objection if the applicant is appointed
as a guardian.
As per the order of the Court, patient was referred to
J.J.Hospital for getting report of the mental status of the mentally ill
person. It is informed by the letter of the said hospital bearing PSY No.
953/2019, dated 13.12.2019 that the patient Renu is patient of
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moderate intellectual disability (mental retardation). Thus, patient also
needs guardian to take care of her personal, social and financial needs.
The said hospital informed that the patient is a case of moderate
intellectual disability. Her IQ is 49, and disability is of 75%. This kind
of illness falls in the category of specified disability as given in the
schedule appended to the Right of persons with Disability Act.
Considering these facts and submission, the applicant needs to be
appointed as a guardian to take care of mentally ill person Renu.
4. The applicant has shown only the bank account with
Citibank in ExhibitG property of the mentally ill person. The latest
statement of account from the said bank is filed showing balance of Rs.
11,379.41. The affidavit of the sister Asha Goenka of the applicant is
filed which shows her no objection to appoint the applicant as guardian
of Renu. Considering theses facts and submissions, the applicant needs
to be appoint as guardian to take care and to manage the property of
the mentally ill person Renu.
5. For the reasons stated above, I am of the opinion that the
petition deserves to be allowed. Accordingly, I proceed to pass order in
following terms.
ORDER
1. The petitioner/applicant Sanjeev Parmeshwariprasad Kamalia,
aged about 59 years is appointed under Sec. 14 of the rights of persons
with Disabilities Act, 2016 as the total support guardian for his sister
Ms. Renu Parmeshwariprasad Kamalia born on 09.09.1958 and as
Manager of her properties.
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2. Applicant shall furnish to this office three months all the closer of
every of financial year on account of property and assets of Renu
Kamalia in her charge and sums received and disbursed on account of
her and balance with the applicant.
3. The petition is allowed and disposed off accordingly.
( Ashutosh N. Karmarkar )
1st Addl. Principal Judge,
Date : 28.02.2020 City Civil Court, Gr. Mumbai.
Dictated on : 28.02.2020
Transcribed on : 09.03.2020
Date of sign : 12.03.2020
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5 M.H. Petition No.189/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 12.03.2020 5.00 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
28.02.2020
JUDGMENT /ORDER signed by P.O. on 12.03.2020
JUDGMENT /ORDER uploaded on 12.03.2020
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