Final Order 1

Order Details: Copy of Judgment
Pdf Text: Guardian Petition No.272/2019 1
Presented on : 15/10/2019
Registered on : 22/11/2019
Decided on: 17/12/2020
Duration : 01Y 02M 02D
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
GUARDIAN PETITION NO.272 OF 2019
(CNR No.MHCC02-010487-2019)
In the matter of Mental Health
Care Act, 2017
AND
Judicial Inquisition as to Avinash
Trivedi, A Lunatic
AND
Selecting of Guardian of his
person and Manager of his estate
Aastha Avinash Trivedi ]
Aged about 34 years, ]
R/at:702, B6, Jyoti ]
Complex, Film City Road, ]
Goregaon (East), ]
Mumbai-400 065. ] … Applicant
Appearance:
Ms. Dhara Shah, Ld. Advocate for the Applicant.
CORAM : H.H.THE ADDL. SESSIONS JUDGE
SHRI. MILIND V. KURTADIKAR
(C.R. No.17)
DATED : 17th DECEMBER, 2020
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Guardian Petition No.272/2019 2
(Dictated and Pronounced in Open Court)
ORDER
This is a petition under Mental Health Care Act, 2017
for appointment of guardian of a mentally ill person namely
Avinash Byomkesh Trivedi and manager of his estate.
2. That the petitioner is the spinster and daughter of
Avinash Byomkesh Trivedi a mentally ill person. He is aged
about 71 years having wife Nutan, son Pratik and daughter
Aastha, the petitioner. Avinash was seriously sick and was
admitted in hospital and was kept under supervision. However
there was no improvement in his health and since then the
family decided to shift him with petitioner and he is under care
and supervision of petitioner and other family members. He is
suffering from alzhheimer’s disease, a progressive disease
which destroy memory and other important mental functions
of the patient. Therefore said Avinash is not able to deal with
his estate. The details of estate including bank accounts, FD’s
and residential house are given in petition para No.6.
3. In the light of above submission it is necessary to
appoint petitioner as guardian of said Avinash to manage the
affairs of his estate. Other legal heirs namely wife Nutan and
son Pratik have given no objection for the sell.
4. Petitioner Aastha has fled her afdavit in support of
her petition. It reiterates the contention made out in the
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Guardian Petition No.272/2019 3
petition. Pending the petition on the direction of the Court
patient was examined at Dr. R. N. Cooper Hospital and the
report placed on record at Exh-04. I have gone through said
report. As per said report he is suffering from severe
Parkinson's disease with Dementia patients mental capacity is
impaired.
5. Other legal heirs namely wife Nutan and son Pratik
have fled their afdavits giving no objection for appointment
of petitioner Aastha as guardian of said Avinash and manager
of his estate.
6. So considering the contention made out in the
petition, support in afdavit, medical report and no objection
by other legal heirs, I think there is no any impediment in
granting the certifcate as asked for. Considering the mental
illness of Avinash Trivedi it is necessary to appoint petitioner
Aastha as guardian of his person and manager of his estate as
mentioned is petition para No.6 Accordingly the order.
ORDER
1. Guardian Petition No.272/2019 is hereby allowed.
2. Applicant Aastha Avinash Trivedi is hereby appointed as
guardian of the person and manager of the estate of Mr.
Avinash Byomkesh Trivedi.
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Guardian Petition No.272/2019 4
3. Guardian Petition No.272/2019 stands disposed off
accordingly.
Date:- 17.12.2020. (Milind V. Kurtadikar)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 17.12.2020
Transcribed on : 17.12.2020
HHJ signed on : 17.12.2020
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Guardian Petition No.272/2019 5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
19.12.2020 03.50 p.m. Sanjay Baliram Kaskar
(Stenographer Higher Grade)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.17)
Date of Pronouncement of
Judgement/Order.
17.12.2020
Judgement/order signed by
P.O on
17.12.2020
Judgement/order uploaded on 19.12.2020
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