Delhi District Court
Smt. Kavita Sadana vs The State Of Nct Of Delhi on 20 December, 2014
IN THE COURT OF SH. SUNIL RANAADDITIONAL DISTRICT JUDGEII
(NORTHWEST) ROHINI COURTS: DELHI
GP24/2012.
Unique Code No. 02404C0143162012
Smt. Kavita Sadana
W/o Sh. Manoj Sadana
D/o Late Vijay Sachdeva
Pitampura, Delhi34 .......Petitioner
Vs.
The State of NCT of Delhi
Through District Collector .......Respondent
Date of Institution : 26.05.2012.
Date on which the case was reserved for order : 20.12.2014.
Date of Decision : 20.12.2014.
ORDER
1. By this order, I shall decide the petition filed by the petitioner u/s 50 of the Mental Health Act' 1987 for the appointment of guardian of person & property of mentally ill person Vikas Sachdeva, being the real sister.
2. Brief facts as stated in the petition are that petitioner is the real sister of mentally ill person namely Vikas Sachdeva and their father died on 20.06.2009 and prior to his death Kiran Sachdeva (mother) died on 03.03.2006, who had purchased a property bearing no. A24, Takshila CGHS Limited I. P. Extn., Delhi 92 during her lifetime, and made her husband, daughter and son as nominees and GP No. 19/2013 1/6 therefore, they became the cosharer to the extent of 1/3 rd share each in the said property. It has been stated that petitioner had relinquished her 1/3rd share in favour of her father Sh. Vinay Sachdeva by a registered relinquishment deed dt.27.09.2006 and thus, Sh. Vinay Sachdeva became the owner to the extent of 2/3rd share in the property in question and Sh. Vinay Sachdeva nominated the petitioner as his nomiee in respect of 2/3rd share and as such after the death of Vinay Sachdeva, petitioner has become the cosharer to the extent of 2/3rd share in the said property. It has been further stated that after the death of parents, petitioner got married and living with her husband along with her mentally ill brother Sh. Vikas Sachdeva. Hence, the present petition was filed for appointment of petitioner as guardian of person & property of mentally ill person Sh. Vikas Sachdeva, being the sister.
3. On 21.07.2012, mentally ill person Sh. Vikas Sachdeva was examined in person u/s 50 of Mental Health Act and during the examination he could answer all the questions without any hesitation and behaved normal throughout the examination.
4. On the same day i.e on 21.07.2012, separate statement of petitioner was also recorded u/s 50 of Mental Health Act, whereby she has stated that present GP No. 19/2013 2/6 petition is for the appointment of guardian of her mentally challenged younger brother namely Sh. Vikas Sachdeva as both the parents of Vikas Sachdeva already expired and presently there is nobody to look after him except her after the death of their parents and she has also filed certificate with regard to Mental Retardation of Vikas Sachdeva issued by AIIMS, whereby his percentage of intelligence quotient is 50%.
5. Notice of inquisition proceedings was also issued to the Medical Superintendent, IHBAS, Dilshad Garden, Delhi, for the examination of mentally ill person Sh. Vikas Sachdeva by the Board of Doctors and the report along with letter dated 27.09.2012 was received mentioning that Sh. Vikas Sachdeva mentally ill person was examined by the Standing Medical Board of IHBAS on 19.09.2012 and the board had opined that patient Vikas Sachdeva is a case of Mild Mental Retardation with IQ of 50.
6. Notice of this application was issued to the State through Collector and to the legal heirs and a copy was got affixed on the notice board of the court house. Citation was also published in the newspaper "Virat Vaibhav"
dt.03.12.2014, for information of general public but none from the public came forward to file any objection.
GP No. 19/2013 3/6
7. Petitioner has entered into witness box and examined herself as PW1 and tendered her evidence by way of affidavit Ex.PW1/A. PW1 has proved her ID proof is exhibited PW1/1, death certificate of late Sh. Vinay Sachdeva (father) showing his date of death 20.06.2009 is Ex.PW1/B1, death certificate of late Kiran Sachdeva, showing her date of death 03.03.2006 is exhibited Ex.PW1/B2, medical record of mentally ill person Vikas Sachdeva are exhibited PW1/C (colly) and copy of medical report of patient Vikas Sachdeva from IHBAS is exhibited PW1/D. Thereafter, PE was closed.
8. I have heard the arguments on behalf of the parties and also perused the record.
9. It is worthwhile to mention here that on 21.07.2012, mentally ill person Vikas Sachdeva was examined in the court u/s 50 of Mental Health Act and was referred to the IHBAS, Dilshad Garden, Delhi, for his examination by the Board of Doctors and Medical Board at IHBAS had examined her on 19.09.2012 and opined that patient Vikas Sachdeva is a case of Mild Mental Retardation with IQ of 50% and filed report on 27.09.2012.
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 GP No. 19/2013 4/6 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/herself and his/her affairs. The capacity of a person to manage himself/herself and his/her 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/herself and his/her affairs according to accepted norms and standards.
11. Petitioner has been able to prove the medical certificate of Sh. Vikas Sachdeva issued by AIIMS hospital, H. O. D. of Psychiatry showing that intelligence quotient of mentally ill person is less than 50%.
12. Petitioner has also been able to prove the report filed by Standing Medical Board of IHBAS, wherein the board has opined that patient Vikas Sachdeva is a case of Mild Mental Retardation with IQ of 50%. In view of the examination of mentally ill person and the medical certificate issued by AIIMS GP No. 19/2013 5/6 hospital, Department of Psychiatry and report filed by IHBAS, it can be concluded that mentally ill person Vikas Sachdeva is a case of of Mild Mental Retardation with IQ of 50% and incapable to manage himself and dependent on others for his day to day affairs and is in the permanent care and custody of the petitioner being the real sister after the death of their parents. In these circumstances, this court is of the opinion that petitioner being the real sister of mentally ill person Vikas Sachdeva, can be appointed his guardian.
13. Accordingly, the present petition is allowed and the petitioner is hereby appointed as guardian of person & property of mentally ill person Vikas Sachdeva, being his real sister for all intents & purposes.
14. Necessary certificate be issued in this regard on furnishing necessary bond / undertaking and surety to the satisfaction of the court.
15. With the abovesaid observation, present petition stands disposed of accordingly.
16. File be consigned to record Room.
Announced in the Open Court (SUNIL RANA)
On this 20.12.2014. ADJIII : ROHINI : DELHI
GP No. 19/2013 6/6