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Neha Nitin Desai W/O Vilas … vs Ashwini Vilas Joshi (Major

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GUARDIANSHIP PETITION NO. 8 OF 2019

Neha Nitin Desai widow of
late Vilas Madhukar Joshi ..Petitioner

Mr. Milind More, for the Petitioner.

CORAM :- B.P.COLABAWALLA , J.

DATE :- JUNE 28, 2019.

P. C.:

I have heard the learned counsel for the Petitioner.

and also perused the averments in the Guardianship Petition.

Considering the averments in the petition, I am satisfied that

no notice is required to be given as contemplated under

Section 11 of the Guardians and SectionWards Act, 1890 (for short

“the Act”). In these circumstances, the petition is accepted

and heard finally.

2 This Petition is filed by the Petitioner seeking to

appoint herself as a legal guardian of Ms. Ashwini Vilas Joshi

who is the step daughter of the Petitioner.

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3 It is stated in the Petition that one Mr. Vilas

Madhukar Joshi was married to Smt Rekha Joshi on 25 th

July, 1986. Out of the said wedlock, one girl child, namely

Ashwini was born on 11th September, 1987. Smt Rekha Joshi,

and who was the natural mother of Ashwini Joshi passed

away on 26th July, 2012. After the death of Smt. Rekha Joshi,

the Petitioner married Mr. Vilas Madhukar Joshi on 21 st

March, 2013. Even the Petitioner, prior to this marriage was

married to one Nitin Desai, who passed away on 29 th April,

2012. It is only after the death of her previous husband that

she married Mr. Vilas Joshi who was the father of Ashwini.

Mr. Vilas Madhukar Joshi also passed away on 6th June, 2018.

It is in these circumstances that the present Petition is filed

by the Petitioner seeking to be appointed as the legal

guardian of the girl Ashwini as well as her property.

4 The reason why this Petition is filed is because

even though Ms. Ashwini is a major, she is having intellectual

disability and which is categorized as severe, permanent,

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non-progressive and not likely to improve as per the

certificate issued by the Doctors of Sir J. J. Group of Hospitals

and Grant Government Medical College, Mumbai-08. This

certificate is annexed at Exhibit-I to the Petition. Over and

above this, the learned counsel appearing on behalf of the

Petitioner has tendered before me a certificate by the

Chaitanya Institute for Mental Health which certifies that Ms.

Ashwini Joshi, 30 years old, suffers from Intellectual

Disability, Behavioral Disturbance and Epilepsy. She was

admitted intermittently in the said institute for mental

health. She is currently admitted in the said institution from

28th December, 2018 and is currently under going treatment

under the supervision of Dr. Sayantani Mukherjee (Treating

Psychiatrist). The said certificate of Chaitanya Institute for

Mental Health, Institute, Pune is taken on record and marked

“X” for identification.

4 Considering the averments in the Petition and the

documents annexed thereto, and finding the same to be

bonafide, I am inclined to allow this Petition.

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5 In these circumstances, the Petition is allowed in

terms of prayer clauses (a), (b) and (c), which read thus:-

a: that this Hon’ble Court be please to dispense the Notice
required under Section 11 of the Guardians and SectionWards Act,
1890.

b: that this Hon’ble Court be please to appoint the Petitioner as a
Guardian of Ms. Ashwini Vilas Joshi and property without any
remuneration.

C: that this Petitioner be directed to sign on behalf of and for Ms.
Ashwini Vilas Joshi in respect of her properties.

6 It is clarified that all the properties that enure to

the benefit of Ms. Ashwini, shall be used exclusively for her

benefit and especially for her treatment. The Guardianship

Petition is accordingly disposed of. No order as to costs.

(B. P. COLABAWALLA, J.)

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