KALPANA KANTILAL SHAH Vs. RAJESH KANTILAL SHAH

JUDGEMENT

(1.) By this Guardianship Petition, the Petitioner is seeking to be appointed as Guardian of her brother Mr. Rajesh Kantilal Shah ("Rajesh") in place of her mother Taralakshmi Kantilal Shah, i.e., Respondent No. 2, who was previously appointed as Rajesh's Guardian.

(2.) Rajesh, though being a major aged 69 years, is suffering from marked degree of mental retardation and psychosis. By orders dtd. 18/2/1985 and 29/7/1985 passed by this Court in Lunacy Petition No. 6 of 1984, this Court had rendered a finding based on medical reports that Rajesh suffered from marked degree of mental retardation and psychosis and declared that Rajesh is a person of unsound mind and incapable of managing his own affairs. Accordingly, Respondent No. 2 who is the mother of Rajesh, was appointed as the guardian and manager of Rajesh and his properties by this Court. Further, by order dtd. 28/3/2013 passed by the Bombay City Civil Court under the Mental Health Act, 1987, relied upon the aforesaid orders of this Court and also recognised Rajesh as mentally unsound and passed orders permitting Respondent No. 2 to deal with certain properties of Rajesh for his welfare and maintenance. Copies of these orders are annexed at Exhibits D, E and F of the Petition.

(3.) Respondent No. 2 is now 87 years old and due to her advanced age has expressed her inability to continue to act as the guardian of Rajesh and his properties. Respondent No. 2 has stated the same in her Affidavit dtd. 11/10/2023 which is annexed at Exhibit G of the Petition.