O.P.No.111 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

O.P.No.111 of 2023

Reshma Haresh Jethwani

… Petitioner

PRAYER: Original Petition filed for appointment of Guardian and Estate

of mentally-ill person under Clause XVII of the Letters Patent of 1865

prayed to appoint the petitioner as the legal guardian of the above named

Mr.Haresh Jethwani and as the manager of the properties and execute all

such conveyances and instruments of transfers by way of sale or otherwise

of properties of the mentally ill person as a guardian to deposit the sale

proceeds/ consideration in any one of the nationalized banks or any

government securities or to invest the same gainfully to optimize the

resources by way of acquiring land, house or invest in stocks, government

securities, capital gain bonds,etc., and all transactions connected with the

properties morefully described in the scheduled mentioned properties.

For Petitioner : Mr.Arun C. Mohan

ORDER

This petition is presented by the wife of Haresh T.Jethwani, who is

said to be mentally ill. By this petition, the petitioner seeks appointment as

the guardian of the person and of the properties of Haresh T.Jethwani.

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O.P.No.111 of 2023

2. The petitioner states that her husband, Haresh T.Jethwani, is

mentally ill and diagnosed with a condition of chronic alcoholic intoxication,

systematic hypertension, and other health disorders resulting in aggressive

behaviour. The petitioner states that her husband is under treatment and

supervision of specilalised team of doctors. It is therefore necessary to

appoint the petitioner herein as the manager of the properties of the person

and properties of Haresh T.Jethwani.

3. On 13.02.2023 when this original petition was taken up for hearing

this Court had directed the registry to number the petition and after

recording of evidence this court will examine whether the person is allegedly

suffering from mental conditions associated with abuse of alcohol falls

within the scope of Clause 17 of the Letters Patent. Further on 03.03.2023

when the matter was taken up for hearing this Court had appointed an

Advocate Commissioner namely Mr.Dominic S.David for examining Haresh

T.Jethwani and for serving notice on him. Pursuant to the said order the said

Advocate Commissioner has examined Haresh T.Jethwani on 09.03.2023, in

Apollo Hospital, Greams Road and he has filed his report, in which it is

submitted that he has informed Haresh T.Jethwani that an original petition is

filed by his wife for appointing herself as the guardian of the properties and

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O.P.No.111 of 2023

person of Haresh T.Jethwani, and he asked him is there any queries for

which he answered affirmative. Further few questions was put forth to him,

such as in which year are we, for which he answered 2002 and for the

question which was his date of birth or year he was not able to remember

and chose not to respond. Then he enquired with the physician Dr.Sai

Satish, Apollo Hospital about the physical and mental condition of Haresh

T.Jethwani for which he stated that he is weak and with regard to mental

stability Mr.Haresh is not coherent, and there are no periods of delirium,

disorientation and altered sensorium, due to excessive intake of alcohol.

4. The petitioner is examined as P.W.1. She has produced the

photocopy of the receipts for the amounts paid to Saralaya Hospitals Pvt Ltd

for the period 13.02.2023 to 22.02.2023 as Ex.P1. The photocopies of the

Medical records in respect of Haresh T.Jethwani dated 21.01.2021 as

Ex.P20, the photocopies of the discharge summary compared with the

original dated 28.12.2021 as Ex.P21, and the photocopies of the discharge

summary compared with the original dated 05.10.2022 as Ex.