KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.39 OF 2010 Nergish Dara Chowksy .. Petitioner ---- Mr. K. R. Zaiwala for the petitioner. ---- CORAM : R.S.MOHITE, J DATE : 15/7/2010 P. C.: 1 Perused the additional affidavit which is filed. Learned Advocate for the petitioner states that the petition is not filed under Guardianship & Wards Act but is filed under Clause-17 of the Letters Patent. On perusal of the clause-17, in my view, this Court will have power and authority only in respect of persons who are either infants, idiots or lunatics. The principle undergoing clause-17 is that the person in respect of whom a guardian is to be appointed is a person who is unable to take any decision or a person who cannot take any independent decision. On perusal of the affidavit and the documents annexed thereto, I am not convinced that Mr. Chowksy can be said to be a lunatic. The summary of the Nuerpsycology report, which is a year old does not indicate his latest position and does not certify him a lunatic. KJ 2 2 Apart from this, I find that the petition is filed by his wife who does not seek to be appointed as a guardian. The prayer seeks that a third party i.e. her brother Noshir Rutonshaw Ragian should be appointed as a guardian. The petition suppresses the fact that there is a daughter from the marriage. This fact was only learnt after an additional affidavit was filed wherein it is also not mentioned that there is a daughter but an annexure in the Doctor’s report mentions that the evaluation report has been handed over to his daughter at the request of the family. Advocate now informed me that there is also a second daughter. The existence of the two children is not disclosed in the petition. In my view, in such circumstances, petition cannot be entertained. Hence, the petition is dismissed. (R.S.MOHITE,J.)