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Bombay High Court · 2025-04-17

SMT.SHIVAMMA SHANKAR WALE vs MR.RAMESH VIRPAKSHAPPA WALE

Citation / case number
FA/1272/2019
Court
Bombay High Court
Petitioner
SMT.SHIVAMMA SHANKAR WALE
Respondent
MR.RAMESH VIRPAKSHAPPA WALE
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Judgment text excerpt

901-FA-1272-2019.docx rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1272 OF 2019 Shivamma Shankar Wale Age : 80 years, Occ.: Nil, R/o. Ishwar Nagar, Behind Samarth Building, Akkalkot Road, Solapur Appellant RAJESHWARI RAMESH PILLAI Versus 1. This first appeal is preferred by the original opponent to challenge the cancellation of the Order appointing her as a guardian of her husband under the Indian Lunacy Act, 1912 (“Lunacy Act”). By order dated 27th March 1980, the appellant’s Civil Miscellaneous 1/30 901-FA-1272-2019.docx Application No. 55 of 1977 filed under Section 62 of the Lunacy Act was allowed, and the appellant was appointed as guardian of her husband Shivshankar Wale (“Shivshankar”). The respondent filed an application under Section 65 of the Mental Health Act, 1987 (“the 1987 Act”) for cancelling the guardianship order issued in the appellant's name and prayed for directing the appellant to submit accounts of the properties of Shivshankar. Respondent’s application is allowed by the impugned order. The respondent is the son of Shivshankar’s brother. Facts in brief: 2. The appellant is the wife of Shivshankar. Due to his