Delhi District Court
Sh. Kuldip Rai Sharma vs State (Through Collector) on 25 April, 2015
IN THE COURT OF AJAY GOEL, ADJ-1 (NORTH), ROHINI
COURTS, DELHI.
GP-10/15
In the Matter of:
Sh. Kuldip Rai Sharma
s/o Sh. Tirath Ram Sharma
r/o 1816/137, Shanti Nagar,
Tri Nagar, Delhi-110035
......Petitioner.
VERSUS
State (Through Collector).
.....Respondent.
Date of Institution: 04.09.12
Date of Assignment to this Court: 23.2.15
Date of Arguments: 31.3.15
Date of Decision: 25.4.15
JUDGMENT
1. Vide this judgment, I shall decide the petition filed by the petitioner under the Mental Health Act' 1987 for the appointment of guardianship of mentally ill lady Ms. Nirmal Sharma. The brief facts of the case are that petitioner namely Sh. Kuldip Sharma is the husband of Mrs Nirml Sharma(mentally suffering from cerebral Dementia and forget GP-10/15 Page No. 1/7 fullness) as well as is a handicapped and her treatment is going on at Ganesh Hospital, Nehru Nagar, Ghaziabad and her treatment certificate is enclosed with the petition. It was stated that Smt. Nirmal Sharma is not capable to do anything or earn her livelihood of her own and will not be able to do any of her work of her own in near future due to her mental functional disability. It was stated that Smt. Nirmal Sharma is having three bank accounts and two post office accounts details of which were given in para no. 4 of the petition. As stated Smt. Nirmal Sharma is required to be represented through her guardian for all the legal official and non official work. It was stated that Mrs. Nimal Sharma is in need of regular treatment by the reason of his mental disability and petitioner being her husband is emotionally attached to her and thus is fit person to look after her and maintain her during her lifetime. It was stated that petitioner is having good financial position and has no interest adverse to that of said Mrs. Nimal Sharma. It was stated that it is in paramount interest and welfare of mentally ill Nirmal Sharma if petitioner is appointed as her guardian. It was accordingly prayed that petitioner be appointed as guardian of the ill lady Mrs. Nirmal Sharma for all purposes in respect of her movable and immovable property as well as bank accounts.
2. Thereafter matter was fixed for appearance of mentally ill lady Mrs. Nirmal Sharma who appeared on 21.9.12 and was examined u/s 50 of Mental Health GP-10/15 Page No. 2/7 Act. During her examination the mentally ill person could answer few questions but was not able to answer rest of the questions properly and was hesitant as well as did not behave normally throughout the examination.
3. Petitioner was also examined u/s 50 of Mental Health Act on 21.9.12 who reiterated that his wife Smt. Nirmal Sharma is physically handicapped and suffering from "cerebral dementia and forgetfullness" and prayed for his appointed as her guardian. He also stated that there is no other person to look after her.
4. Notice of inquisition proceedings was also issued to the Medical Superintendent, IHBAS, Dilshad Garden, Delhi, for the medical examination of mentally ill person/lady Mrs. Nirmal Sharma by constituting the Board of Doctors and the letter dated 10.12.12 alongwith report was received mentioning that Mrs. Nirmal Sharma was examined by the Standing Medical Board of IHBAS on 5.12.12 and the board had opined that patient is suffering GP-10/15 Page No. 3/7 Dementia(Frontotemporal Dementia) and she cannot handle her daily activities including financial matters. Thereafter again Smt. Nirmal Sharma was referred to HIBAS for her examination for determining her current mental status. Again she was examined by Medical Board of HIBAS on 2.4.14 and vide its report dated 5.4.14 Medical Board of HIBAS again opined that Smt. Nirmal Sharma was suffering from Dementia(Frontotemporal Dementia).
5. Thereafter vide order dated 8.7.14 citation to general public was directed to be issued in newspaper 'The Statesman'. Publication was effected on 18.8.14, however no objections to the present petition from any person have been received.
6. In evidence, petitioner has entered into witness box as PW1 and tendered his evidence by way of affidavit Ex.P1. PW1 relied upon copy of treatment of Mrs. Nirmal Sharma Ex. PW1/1. Copies of pass books of bank accounts of mentally ill person Mrs. Nimal Sharma Ex. PW1/2 to PW1/7, letter dated GP-10/15 Page No. 4/7 5.4.14 of HIBAS was Ex. PW1/8 and report of IHBAS enclosed alongwith said letter was Ex. PW1/9, publication Ex. PW1/10, voluntary retirement order of Mrs. Nirmal Sharma Ex. PW1/11.
7. I have heard the arguments on behalf of the petitioner as well as perused the record.
8. Petition is for the appointment of petitioner as guardian of the mentally ill person/lady Ms. Nirmal Sharma, who was examined in the court u/s 50 of Mental Health Act on 21.09.12 and was referred to the Medical Superintendent, IHBAS, Dilshad Garden, Delhi, for her examination by the Board of Doctors and subsequently the Standing Medical Board at IHBAS had examined the mentally ill person Nirmal Sharma on 2.4.14 and on 5.4.14 and opined vide its reports dated 10.12.12 and 5.4.14 that patient Nirmal Sharma is suffering from Dementia(Frontotemporal Dementia).
9. It is also worthwhile to mention here that no objections to the present petition GP-10/15 Page No. 5/7 have been received despite publication in newspaper.
10.Subsection (2) of Section 50 requires the alleged mentally ill person to attend at the place and time specified in the notice for being examined by the District Court or by other person from whom the District Court may call for a report concerning the mentally ill person. The preliminary stage is to examine the mentally ill person and jurisdiction to exercise power under the act. The preliminary stage is meant to prevent abuse of the legal process and safeguard the interests of the alleged mentally ill person including his/her reputation and social prestige. Inquisition proceedings is for the purpose of ascertaining whether such person is of unsound mind and incapable of managing himself and his affairs. The capacity of a person to manage himself and his affairs may very from person to person, but the total incapacity which alone different from the inadequate ability of a person to look after himself and his affairs according to accepted norms and standards. GP-10/15 Page No. 6/7
11.Petitioner has been able to prove the letter alongwith report filed by Standing Medical Board of IHBAS PW1/8 and Ex. PW1/9, wherein the board has opined that patient Nirmal Sharma is suffering from Dementia(Fronto Temporal Dementia) . In view of the report filed by IHBAS it can be said that mentally ill person is a case of Dementia(FrontoTemporal Dementia) and she is not in a capacity to manage herself and her day to day affairs. Therefore, in view of above, petitioner Sh. Kuldip Rai Sharma is hereby appointed as guardian of mentally ill lady Mrs Nirmal Sharma for all intent and purposes. Necessary certificate be issued in this regard on furnishing necessary bond / undertaking and surety to the satisfaction of the court. With the abovesaid observation, present petition stands disposed of accordingly. File be consigned to record Room.
Announced in the open court on (AJAY GOEL)
25.4.15 ADJ-1(North)/Rohini/Delhi.
GP-10/15 Page No. 7/7