Order Details: Copy of Judgment Pdf Text: Presented on : 28/06/2018 Registered on : 04/08/2018 Decided on : 05/02/2019 Duration : 00Y 07M 08D Exhibit: 5 IN THE COURT OF SESSION FOR GREATER BOMBAY, BOMBAY. MENTAL HEALTH PETITION NO.351 OF 2018 CNR NO.: MHCC010077292018 (In the matter of appointment of Guardian and Manager of the estate of mentally ill person Mrs. Kashmira Kamlakant Joshi.) 1. Dr. (Mrs.) Devyani Girish Joshi ] PETITIONERS Hindu, Aged: 69 years, Occ.: Medical ] Practitioner,…
M H PETITION
Dr. Devyani Girish Joshi +1 moreVsNil
CNR MHCC01007729201854-COURT 54 ADDL.SESSION JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 05th February 2019
TrustJury record updated 14 Sept 2026
Case Overview
- Registration Number
- 100351/2018
- Registration Date
- 04 Aug 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Respondent
- 1Nil
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 10-08-2018
Business: None for applicant.
Adjd. to 24.08.2018 for hearing.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-08-2018
Date: 24-08-2018
Business: Parties are absent.
Adjd. to 18.09.2018
Next Purpose: DIRECTIONS
Next Hearing Date: 18-09-2018
Date: 18-09-2018
Business: dvocate Pankaj Kanthari for petitioner present.
On requests of advocate for petitioner adjd. to 29.09.2018
Next Purpose: DIRECTIONS
Next Hearing Date: 29-09-2018
Date: 29-09-2018
Business: Both the Petitioner present.
Advocate Mr.Mukesh Talsaniya for petitioner present.
Heard the arguments. Certified copies of property cards or House Tax receipts etc. of immovable properties are not produced. Ld. Advocate wants time to comply. Adjourned for compliance.
Adjd. to 12.10.2018
Next Purpose: DIRECTIONS
Next Hearing Date: 12-10-2018
Date: 12-10-2018
Business: Petitioner no.1 absent.
Petitioner No.2 present.
Advocate Mr.Mukesh Talsaniya for petitioner present.
Exh- 2- Documents produced by advocate for the petitioner.
O- Seen.
Heard ld. advocate for the petitioner.
Adjd.to 19.10.2018 for order.
Next Purpose: ORDER
Next Hearing Date: 19-10-2018
Date: 19-10-2018
Business: Petitioner no.1 absent.
Petitioner No.2 present.
Advocate Mr.Mukesh Talsaniya for petitioner No.2 present.
Adjd.to 24.10.2018 for order.
Next Purpose: ORDER
Next Hearing Date: 24-10-2018
Date: 24-10-2018
Business: Petitioner no.1 and 2 are absent.
Advocate Mr.Mukesh Talsaniya for petitioner present.
Adjd.to 14.11.2018 for order.
Next Purpose: ORDER
Next Hearing Date: 14-11-2018
Date: 14-11-2018
Business: Petitioner no.1 and 2 are absent.
Advocate Mr.Mukesh Talsaniya for petitioner present.
As Court is busy in recording accused statement in High Court Expedited matter NDPS Spl.220/16 hence for want of adequate time adjd.to 19.11.2018 for order.
Next Purpose: ORDER
Next Hearing Date: 19-11-2018
Date: 19-11-2018
Business: Petitioner no.1 and 2 are absent.
Advocate Mr.Mukesh Talsaniya for petitioner present.
As the Court is busy in hearing arguments in High Court Expedited matter NDPS Spl.Case 28/16@ 103/16@11/18 and in dictating orders in Cri. Appeal hence for want of adequate time adjd.to 21.11.2018 for order.
Next Purpose: ORDER
Next Hearing Date: 21-11-2018
Date: 21-11-2018
Business: Petitioner no.1 and 2 are absent.
Advocate Mr.Mukesh Talsaniya for petitioner present.
Order
The Petitioners learned advocate is present.
He submitted that the alleged mentally ill person is not in a position to be moved from the place of her stay due to mental and physical ailments. Therefore, as per section 50(2) a suitable person has to be appointed to visit her and report to the Court. Dr. Sagar Karia, Psychiatrist from Lokmanya Tilak Municipal General Hospital i.e. Sion Hospital, be appointed as the person to visit the mentally ill person Mrs. Kashmira Kamlakant Joshi, residing at 72, Vijay Building, Jain Mandir Marg, Mumbai 400 022 and submit his report by next date.
Issue writ accordingly in the name of Dr. Sagar Karia through Superintendent of Lokmanya Tilak Municipal General Hospital Sion Hospital, Sion, Mumbai.
Adjd.to 27.11.2018 for report.
Next Purpose: REPORT
Next Hearing Date: 27-11-2018
Date: 27-11-2018
Business: Petitioner no.1 and 2 are absent.
Advocate Mr.Mukesh Talsaniya for petitioner present.
Exh. 3- Advocate for petitioner filed Examination Report of alleged ill person by Dr. Sagar Karia from L.T.M.M.C. and G.H.Sion Hospital.
O-Taken on record.
Adjourned to 07.12.2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 07-12-2018
Date: 07-12-2018
Business: Petitioner no.1 and 2 are absent.
Advocate Mr.Mukesh Talsaniya for petitioner present.
Order-
Heard the submissions of the ld. advocate. In view of the new act of the rights of persons with disabilities Act 2016, this Court is empowered u/s 14 of the said Act to appoint the guardian. For that purpose a certificate of specified disabilities under chapter 10 has to be called for. Therefore, issue letter to the said committee of Mumbai to examine the patient and issue appropriate certificate under chapter 10 of the said Act. Issue order accordingly.
Adjd. to 20.12.2018.
Next Purpose: HEARING
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Business: HHJ is on leave
Next Purpose: HEARING
Next Hearing Date: 11-01-2019
Date: 11-01-2019
Business: Petitioner no.1 and 2 are absent.
Advocate Mr.Mukesh Talsaniya for petitioner present.
Issue reminder to the certifying authority i.e. J.J.Hospital.
Adjd. to 17.01.2019 for report.
Next Purpose: HEARING
Next Hearing Date: 17-01-2019
Date: 17-01-2019
Business: Petitioner no.1 and 2 are absent.
Advocate Mr.Mukesh Talsaniya for petitioner present.
Issue reminder to the certifying authority i.e. J.J.Hospital.
Hamdast is allowed.
J.J.Hospital Authority is directed to handover the report to the advocate for petitioner if the report is ready.
Adjd. to 29.01.2019 for report.
Next Purpose: HEARING
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: Petitioner no.1 and 2 are absent.
Advocate Mr.Mukesh Talsaniya for petitioner present.
Exh. - Letter received from J.J.Hospital.
O- Taken on record.
Heard ld. advocate for petitioner.
Adjourned to 05.02.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Business: Petitioner no.1 and 2 are absent.
Advocate Mr.Mukesh Talsaniya for petitioner present.
FRSR following order is passed
ORDER
Allowed.
Nature Of Disposal: ALLOWED
Disposal Date: 05-02-2019Additional Case Details
Additional Case Details
Filing Number: 108477/2018 Filing Date: 28-06-2018 First Hearing Date: 10th August 2018 Decision Date: 05th February 2019 Court Number And Judge: 54-COURT 54 ADDL.SESSION JUDGE
Orders
2Final Order 1Full order available
05 Feb 2019
Order 1Full order available
05 Feb 2019
Order Details: Copy of Judgment Pdf Text: Presented on : 28/06/2018 Registered on : 04/08/2018 Decided on : 05/02/2019 Duration : 00Y 07M 08D Exhibit: 5 IN THE COURT OF SESSION FOR GREATER BOMBAY, BOMBAY. MENTAL HEALTH PETITION NO.351 OF 2018 CNR NO.: MHCC010077292018 (In the matter of appointment of Guardian and Manager of the estate of mentally ill person Mrs. Kashmira Kamlakant Joshi.) 1. Dr. (Mrs.) Devyani Girish Joshi ] PETITIONERS Hindu, Aged: 69 years, Occ.: Medical ] Practitioner,…
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