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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

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection 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: 05-02-2019

    Additional 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

    2
    Final 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,…

    Read Full Order
    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,…

    Read Full Order

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