Delhi District Court
(Pc No. 494/06) (Rajinder Pal Singh vs . State) on 26 November, 2007
(PC No. 494/06) (Rajinder Pal Singh vs. State)
: 1:
IN THE COURT OF SHRI RAVINDER DUDEJA
ADDL. DISTRICT JUDGE: DELHI.
PC No. 494/2006
Sh. Rajinder Pal Singh ............ Petitioner.
Versus
State ............ Respondent.
ORDER
1. By this order, I propose to decide the application filed under Order 32 CPC for appointment of guardian of Harvinder Pal Singh. Shri Harvinder Pal Singh is one of the legal heirs of the deceased. He is stated to be suffering from Schizophrenia. By virtue of this application, prayer has been made for appointment of Sh. Amarjeet Singh Maini, his brother as guardian ad-litem of Harvinder Pal Singh.
2. The application has been vehemently opposed by Objector Tarvinder Pal Singh. It has been argued that the petitioner and Amarjeet Singh Maini are trying hard to become guardian ad-litem of Harvinder Pal Singh with a view to grab the share of his property. It is stated that the sister of Harvinder Pal Singh and her husband have been sending money from USA for the benefit of Harvinder Pal Singh, but the same is being misappropriated by the petitioner and Shri Amarjeet Singh Maini to their own use. It is submitted that petitioner (PC No. 494/06) (Rajinder Pal Singh vs. State) : 2: abuses and maltreats Harvinder Pal Singh, while Amarjeet Singh Maini mercilessly beat him with fist and blow almost daily and he is subjected to all household jobs and is being treated like a servant. It is, therefore, argued that Amarjeet Singh Maini is not a fit person to be appointed as guardian ad-litem of Harvinder Pal Singh. In the alternate, it has been prayed that Tarvinder Pal Singh may be appointed as guardian of Harvinder Pal Singh.
3. I have considered the submissions made by both the sides and have carefully perused the record. Admittedly, Harvinder Pal Singh is suffering from mental ailment. The OPD Card of AIIMS proves that he is suffering from Schizophrenia. The court of Civil Judge in Suit No.33/01 has appointed Shri Amarjeet Singh Maini as guardian ad-litem of Harvinder Pal Singh. Admittedly, Harvinder Pal Singh is in the custody of Sh. Amarjeet Singh Maini. Admittedly, the petition under Sections 52 and 53 of Mental Health Act, 1987 for appointment of guardian of Harvinder Pal Singh has been filed by Objector Tarvinder Pal Singh, which is presently pending in the court of learned District Judge. Shri Harvinder Pal Singh was produced before the learned District Judge. As per order dated 19.6.2007 of the learned District Judge, Sh. Harvinder Pal Singh informed the court that he is being treated properly by his brothers Amarjeet Singh and Rajinder Pal Singh. He has showed his disinclination to live with Tarvinder Pal Singh. Shri Amarjeet Singh has no objection in case he is appointed as guardian (PC No. 494/06) (Rajinder Pal Singh vs. State) : 3: ad-litem of Harvinder Pal Singh in this case. He is the real brother of Harvinder Pal Singh. Considering the totality of the fact and circumstances, I deem it appropriate to allow the application filed by the petitioner under Order 32 CPC and thereby appoint Shri Amarjeet Singh Maini as guardian ad-litem of Harvinder Pal Singh.
Announced in open (RAVINDER DUDEJA)
Court on 26.11.2007 ADDL. DISTRICT JUDGE:
DELHI.