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2018 Supreme(Bom) 652

SHALINI PHANSALKAR-JOSHI
Gulshan Rohington Irani – Appellant
Versus
Rayomand Rohinton Irani – Respondent


Advocates Appeared:
For the Petitioner:Sharan Jagtiani a/w Astad Randeria i/by Mahendra C. Moholkar, Advocates
For the Respondents:Cyrus Ardeshir a/w Ashish Kamath a/w Javeed Hussein, Reshma Khatri, Mubashir Hussein i/by Hussein & Co., Arosh Bharucha a/w Jehangir Jejeebhoy a/w Maneck Mulla a/w Danesh Mehta a/w Siddha Panecha a/w Khushbhu Malvia I/by M. Mulla Associates, Advocates

JUDGMENT :

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. Rule.

3. Rule is made returnable forthwith with the consent of learned counsel for both the parties and the petition is taken up for final hearing.

4. By this petition filed under Article 227 of the Constitution of India, the petitioner is taking an exception to the order dated 13.2.2018 passed by Judge, City Civil Court, Greater Mumbai, in Notice of Motion No.532 of 2018 in Suit No.71 of 2018.

5. Present petitioner is defendant No.3 before the trial Court. The above said Notice of Motion was taken up by the respondent No.1-plaintiff requesting the trial Court to interview the petitioner, in the Judge's Chamber to examine her mental stability. It was also prayed that the petitioner be referred to Mental Health Review Board, constituted under the Mental Healthcare Act, 2017, with necessary direction to submit report to the Court.

6. The trial Court has, accordingly called the present petitioner, in the Court, for examining her. Then, with the consent learned counsel for the parties, the trial court called her alone in the Chamber and thereafter, he interviewed and questioned the petitioner f





































































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