SMT.SHIVAMMA SHANKAR WALE vs MR.RAMESH VIRPAKSHAPPA WALE

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 Digitally signed by Ramesh Virpakshappa Wale, RAJESHWARI RAMESH PILLAI Date: 2025.04.17 07:40:44 Age : 54 years, Occ. : Service +0200 R/o. Vatvruksha Swami Samarth Mandir Akkalkot, District Solapur Respondent Mr. I. M. Khairdi for the Appellant. Mr. Niranjan Shimpi for the Respondent. CORAM: GAURI GODSE, J. RESERVED ON: 16th JANUARY 2025 PRONOUNCED ON: 17 th APRIL 2025 JUDGMENT: 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 insanity, he was unable to look after himself and his property. Hence, the appellant applied Section 62 of the Lunacy Act. Shivshankar’s mother and two brothers opposed the said application. After considering the objec