Bharati Srinivasan v. The Union Of India And 5 ORS

59.WPNo.9482021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 948 OF 2021 Bharati Srinivasan ...

Petitioner

Versus

The Union of India & Ors.

...

Respondents Mr. Kunal Bhanage i/b. Adv. Akshay Pawar, Advocate for the Petitioner.

Smt. Jyoti Chavan, AGP for the Respondents/State. Mr. Anish Khandekar, Advocate for Respondent Nos.5 and 6.

CORAM:

S.V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED :

OCTOBER 11, 2022 P.C.

1.

The petitioner seeks declaration that the petitioner is guardian of Smt. Geeta Srinivasan, who is suffering from Fronto-Temporal Lobe Dementia.

2.

This Court under order dated 17th February 2021 directed the Resident Deputy Collector, Mumbai City (RDC) to visit the residence of Smt. Geeta Srinivasan and ascertain her medical condition and fle a report before the next date. 3.

Pursuant to the said order, the Resident Deputy Collector, Mumbai City visited the residence of Smt. Geeta Srinivasan on 26th February 2021and submitted the factual position. In the report, it is stated that Smt. Geeta Srinivasan is known patient of Frontotemporal Dementia Gaikwad RD 1/2

59.WPNo.9482021.doc syndrome. The syndrome has started 7 years back and its severity has increased since last one and half year. She is completely bed-ridden since last two months. She is not in position to make movement and also make signature for withdrawing money from the bank. This Court under order 30th March 2021 upon perusal of the report had permitted the petitioner to open a Family Pension Account in respondent No.7 Punjab National Bank, wherein Smt. Geeta Srinivasan was directed to show as frst applicant and the petitioner be permitted to sign the relevant forms on behalf of said Smt. Geeta Srinivasan. The petitioner was directed to operate and administer the same on behalf of Smt. Geeta Srinivasan. The petitioner was also permitted to pay maintenance amount in respect of Flat No. 1102 at Jasminium, Magarpatta, Pune.

4.

The petitioner is the daughter of said Smt. Geeta Srinivasan. The respondent Nos.5 and 6 have fled their consent affdavits thereby giving no objection to appoint the petitioner as a Guardian/Administrator of the property as detailed in the prayer clause.

5.

Considering the above, the petitioner is appointed as Guardian of respondent No.4 Smt. Geeta Srinivasan and property described in prayer clause (b).

6.

The writ petition is disposed of. No costs.

(R. N. LADDHA, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.10.13 12:16:42 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2