Final Order 1

Order Details: Other
Pdf Text: 1 MH Petition 223/19
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
MENTAL HEALTH PETITION NO. 223 OF 2019`
Pinky @ Pinki Ashok Kapoor,
Age 43 years, Hindu Indian
Inhabitant of Mumbai, Occ: service,
residing at 2/A, Kalyan Dham,
S.T. Road, Near Central Bank,
Mankhurd (E), Mumbai 400 088,
being mother of unsound mind ...Petitioner
Appearance: Adv. Mr. Gautam Jain for the Petitioner.
Coram : Ashutosh N. Karmarkar,
Judge, (Court Room No. 54)
Dated : 2nd December, 2019
ORDER
1. This is an application for appointing the
applicant/petitioner as a guardian of person and property of Miss Poorvi
@ Purvi Ashok Kapoor without any remuneration.
2. Ms. Poorvi, aged 41 years residing at 2/A, Kalyan Dham,
Mankhurd (E), Mumbai. She was born on 03.11.1978. She is of
unsound mind since birth. The applicant is mother of Ms. Poorvi. The
said Poorvi is residing with the applicant. Father of Ms. Poorvi and
husband of the applicant died at Pune on 04.07.2018. He had executed
Will dated 07.02.2018. This applicant being one of the executrix
appointed under the last Will and testament has applied for Probate of
the said Will of Ashok Kapoor. As per the said Will Ms. Poorva has life
interest or is entitled to some part of the estate of the said deceased
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father. The details of the property are given in schedule Ex.E. Since
prior to the death of Ashok Kapoor, the applicant hs been taking care of
Ms. Poorvi.
3. I have heard Ld. Advocate for the applicant. He has
submitted that brother of mentally ill person has filed probate petition
on the basis of Will of deceased Ashok Kapoor and the present applicant
has renounced his right for probate in his favour. As per direction of
the Company Registrar in the Testamentary Petition No. 1325 of 2019,
this applicant is directed to obtain guardianship certificate.
Ld.Advocate has also invited my attention to the said order which is
executed at Exh. F.
4. The applicant has filed her affidavit in support of her
contention. Copy of birth certificate and Aadhar Card of mentally ill
health lady, Aadhar card of the applicant, copy of death certificate of
Ashok Kapoor the father of the mentally ill lady are also placed on
record. Affidavit of Asheer Ashok Kapoorreal brother of mentally ill
health lady is also filed in which he has given no objection for
appointing his mother as a guardian of Ms. Poorvi.
5. The applicant has filed medical certificate of Dr. Nayak.
Dr. Nayak has certified that Purvi Kapoor is suffering from Down's
Syndrome since her birth. The applicant was directed to bring medical
certificate from the Government Hospital. Medical Superintendent of
J.J. Hospital has forwarded his report on examination of mentally ill
person. It is reported that Ms. Purvi is suffering from severe intellectual
disability. This kind of illness falls in the category of specific disability
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as given in the schedule appended to the Rights of Persons with
Disabilities Act. It is reported by the hospital that Ms. Purvi is suffering
from severe intellectual disability with IQ=35, mental age of 4 years
and 8 months. This is permanent condition with 90% disability. It is
also reported that Ms. Purvi, requires support of guardian for social,
financial and legal decisions.
6. Considering these facts, I am of the opinion that the
applicant needs to be appointed as a guarding to take care of and also
to manage property of mentally ill person Poorvi. The applicant is
mother of mentally ill person Poorvi. The applicant can be said to be fit
for appointing of guardian of Ms. Poorvi.
7. The applicant has filed schedule of property Exh.E.
According to the applicant, this mentally ill person Ms. Poorvi has life
interest or is entitled to the part of the estate of deceased father Ashok
Kapoor. It will be proper to direct that the applicant shall not transfer
or alienate the property of Ms. Poorvi without permission of this Court.
8. For the reasons stated above, the application deserves to
be allowed. Accordingly, I proceed to pass order in following terms.
ORDER
1. Petition is allowed.
2. The Petitioner/Applicant Pinky @ Pinky Ashok Kapoor, aged 64
years is appointed under Sec. 14 (1) of the Rights of Person with
Disabilities Act, 2016 as guardian for her daughter Poorvi @ Purvi
Ashok Kapoor, aged 41 years and for her property.
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3. The applicant/petitioner shall furnish to this office in three months
at the closer of every financial year an account of the property and
assets of Ms. Poorvi Ashok Kapoor in her charge and the sums received
and disbursed on account of her and balance remaining with the
applicant.
4. The applicant/petitioner shall take prior permission of this Court
before alienating any of the immovable properties of Ms. Poorvi Ashok
Kapoor.
( Ashutosh N. Karmarkar )
Judge,
Date : 02.12.2019 City Civil Court, Gr. Mumbai.
Dictated on : 02.12.2019
Transcribed on : 03.12.2019
Date of sign : 03.12.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 03.12.2019 2.45 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
02.12.2019
JUDGMENT /ORDER signed by P.O. on 03.12.2019
JUDGMENT /ORDER uploaded on 03.12.2019
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