Citation : 2021 Latest Caselaw 3144 Bom
Judgement Date : 17 February, 2021
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 1626 OF 2021
Rajkumari Ratna Singh W/o. Jaisingh
Ambikapratapsinh Sisodia & Ors. ... Petitioners
Vs.
The State of Maharashtra ... Respondent
...........
Mr. Ashok M. Saraogi for the Petitioners.
P. H. Kantharia, GP for the Respondent-State.
..........
CORAM: A. A. SAYED AND
MADHAV J. JAMDAR, JJ.
DATE : 17th FEBRUARY, 2021.
P. C:-
1. The Petition is filed by the wife and children of Shri Jaisingh
Ambikapratapsinh Sisodia, who is stated to be belonging to a royal
family from Pratapgarh, Rajasthan.
2. In the paragraph No. 9 of the Petition, it is averred as follows:-
"9. The Petitioner states that the husband of the Petitioner is an alcoholic, a drug addict and is also having various other serious and severe medical conditions. The Petitioner states that the husband of the Petitioner is also a diabetic and his alcoholism has made it reach a stage where he has a very little sensation over his feet and nerve endings including his fingers and cannot walk without there being any assistance. The
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Petitioner states that the husband of the Petitioner is also addicted to sleeping pills and takes it every day. The Petitioner states that the husband was diagnosed with epilepsy, which may be from the patches in the brain due to excessive consumption of drugs. The Petitioner states that due to excessive drinking and smoking of the husband, it has led to prostate and bladder cancer, due to such excessive consumption, the liver of the husband is in stage of decompensate cirrhosis. The Petitioner states that the Petitioner is also not mentally fit and suffering from mental issues. The Petitioner states that as far as the medical documents pertaining to the husband of the Petitioner is concerned, the Petitioner is tendering the same by way of separate compilation of documents and accordingly the Petitioner craves leave to refer to and rely upon the same as and when produced."
"10. The Petitioner states that when the husband of the Petitioner was diagnosed with cancer, the husband started consuming CBD marijuana oil which made him extremely high and rendered him completely intoxicated and dysfunctional. The Petitioner states that the mother of the husband once had confessed to the Petitioner that the husband was once diagnosed as a sociopath by a psychiatric when he was a teenager."
3. We direct the Head of the Department of Psychiatry, Thane
Government Civil Hospital to visit Shri Jaisingh Ambikapratapsinh
Sisodia, who is presently at rehabilitation centre at M/s. Sunshine
Wellness Centre at Vasai (E), Thane- 401208 and submit a Report
regarding his physical and mental condition. M/s. Sunshine Wellness
Centre at Vasai (E), Thane- 401208 shall co-operate and furnish all
necessary medical reports for perusal of the Doctor. The said Doctor
shall submit his Report by the next date. The Report shall inter alia
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set out whether Shri Jaisingh Ambikapratapsinh Sisodia suffers any
disorder which impairs his understanding, judgment and capacity or
ability to meet the ordinary demands of life including whether or not
he is in a position to sign cheques/papers with understanding of
what he is signing.
4. We also direct the concerned Resident Deputy Collector to visit
the said Shri Jaisingh Ambikapratapsinh Sisodia and submit a
separate Report of his response, if any, by disclosing the filing of the
above Petition by his family members seeking prayer for
appointment as guardian in respect of his properties, etc. Such
Report shall be submitted to this Court by the next date.
5. Stand over to 1st March, 2021.
(MADHAV J. JAMDAR, J.) (A. A. SAYED, J.) Sonali
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