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Delhi District Court

Phc:New Delhi vs The State Of Delhi on 28 July, 2010

In the Court of Ms. Ina Malhotra, Addl. District Judge,South-II,
                       PHC:New Delhi
G No. 04/09
Sh. Dheeraj Arora
S/o Late Sh.Ram Chand Arora (R.C.Arora)
R/o House No.T-20, Sujan Singh Park,
New Delhi                                              ......Petitioner
                      VERSUS
1.         The State of Delhi.
2.         Smt.Chanchal Gulati
           W/o Sh.Jitnder Gulati
           R/o A-43, Saraswati Garden,
           Ramesh Nagar, New Delhi.
3.         Smt.Sudesh Kumari
           W/o Sh.Ashok Kumar
           R/o 12/26, Geeta Colony,
           New Delhi-110031
4.         Smt.Sunita Setia
           W/o Sh.Krishan Lal
           R/o B-79,Gali No.23,
           Mahavir Enclave,
           New Delhi.
5.         Smt.Veena Gandhi
           W/o Sh.Madan Lal Gandhi,
           R/o 69, Rashid Mohalla Market,
           New Khureji, New Delhi.
6.         Smt. Geeta Arora
           W/o Vinod Kumar Arora,
           R/o s12/26, Geeta Colony,
           New Delhi-110031
7.         The Senior Superintendent of Post
           (New Delhi Circle)Meghdoot Building Jhandewalan,
           New Delhi                              ......Respondents


                                   1
           Petition received on: 09.04.2009
          Argument Heard on: 28.07.2010
          Judgment          on: 28.07.2010

JUDGMENT

The present petition has been filed Under section 53 (1) of Mental Health Act, 1987 by the petitioner for being appointed as a guardian of his mentally disabled brother Sh.Neeraj Arora.

2. It is stated that the father of the petitioner and the disabled, Sh. R.C. Arora, was a government employee. Upon his death, the disabled who was fully dependent on the deceased government employee is entitled to the benefits of the father's service including the family pension. Their father Sh. R.C. Arora died on 23.12.07 and their mother Smt. Krishnawati died on 20.03.07. Respondents 2-6 are the sisters of the petitioner while respondent no. 7 is the employer of their deceased father.

3. Upon filing of the petition, notices were issued to the respondent sisters who have granted their "No Objection" for the petitioner being appointed as guardian of their disabled brother Neeraj Arora. The mentally disabled was directed to be examined by a Board to be constituted by the Medical Superintendent, All India Medical Sciences, New Delhi. The medical board has certified that Sh. Neeraj Arora suffers from 2 severe mental disability and is totally dependent on others for his daily needs.

4. As there was no objection by the respondents for the petitioner being appointed as a guardian, affidavit by way of evidence was tendered by the petitioner. In his testimony, the petitioner has stated that Sh. Neeraj Arora is his real brother. He is mentally retarded with 90% disability. His medical disability certificates are Ex. PW1/A and PW1/E. Their parents Sh. R.C. Arora and Smt. Krishnawati died on 23.12.07 & 20.03.07 respectively. Their death certificates are Ex. PW1/B-C. The petitioner has further deposed that after the death of his parents, the disabled Sh. Neeraj Arora is totally dependent on him for his financial, medical and physical needs. Respondents 2-6 are their sisters who are married and are living separately. The petitioner further stated that besides him there is none to look after the disabled Sh. Neeraj Arora. It is further stated that their deceased father, Sh. Ram Chand Arora, was a government servant employed with respondent no. 7. Being fully dependent upon the father, the disabled is entitled to receive all benefits of their father's service including medical and family pension.

5. In view of the testimony on record and also the certificate issued by AIIMS dated 07.10.09, this court is satisfied 3 that the disabled Sh. Neeraj Arora is fully dependent on the petitioner for his physical and financial needs. Being a dependent of a deceased government employee, the disabled is entitled to all the benefits through his father's service. There has been no objection to the petitioner being appointed as guardian of the disabled. In view of the same, there is no legal impediment in appointing the petitioner to look after the welfare of the disabled. This court accords its satisfaction and the petitioner is accordingly appointed legal guardian of the disabled Sh. Neeraj Arora. The guardian would be entitled for release of the family pension and other benefits allowed to the dependent Neeraj Arora through of the deceased government employee Sh. R.C. Arora. Guardianship certificate be issued to the petitioner.

6. The file be consigned to Record Room.

Announced.

(Ina Malhotra) Addl.District Judge South-II/ND 28.07.10.

Present : Counsel for petitioner Vide my separate judgment, the petition is allowed in terms thereof. File be consigned to record room.

(Ina Malhotra) Addl.District Judge South-II/ND 28.07.10.