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Delhi District Court

Mrs. Vandana Narula vs . State & Ors. on 20 August, 2015

CS No. 150/15
Mrs. Vandana Narula Vs. State & Ors.

20.08.2015
Present:      Sh. Ruchir Midha, Ld. Counsel for the Petitioner.

              Petitioner in person.

              Ms. Mansha Mehmood, Ld. Proxy Counsel for Respondent no. 1.

Sh. Akshay Chandna, Ld. Counsel for Respondent no. 2 and 3. Respondent no. 2 and 3 in person.

No objections received from the general public. Publication has been affected and 30 days have expired.

Respondent no. 1 has filed reply which is taken on record. Vakalatnama has been filed on behalf of Respondent no. 2 and 3 which is taken on record. Statement of respondent no. 2 is recorded. Respondent no. 2 is the father of Respondent no. 3 and father­in­law of the petitioner. He states that he has no objection if the petitioner is appointed as guardian and manager of Respondent no. 3.

On further enquiry, it is also submitted that Respondent no. 3 does not have any other relative. Let an affidavit of the Petitioner who is wife of respondent no. 3, be filed in this regard.

Respondent no. 3 is stated to be suffering from Paranoid Schizophrenia. The petitioner has placed on record a copy of the disability certificate of Respondent No. 3 dated 23.12.2013.

This is a petition for holding an inquisition into the mental condition of Respondent no. 3 and for appointment of guardian and manager for him.

The respondent no. 3 is the husband of petitioner and is residing with her.

Thus, petitioner is directed to produce respondent no. 3 before MS, IHBAS, Shahdra on 31.08.2015 at 10.00 a.m. for the purpose of his medical examination. MS, IHBAS shall constitute a Medical Board consisting of at least three members including one expert who shall examine the Respondent no. 3, i.e. Sh. Pankaj Narula after being satisfied of his identity, and shall report to the Court on the following aspects:

1) Whether the Respondent no. 3, i.e. Pankaj Narula is in fact mentally ill or not?
2) Whether the illness is such that prevents Respondent no. 3, i.e. Pankaj Narula, from taking care of himself and from managing his property?

The Medical Board is free to decide further time and place of production of Respondent no. 3 for examination and shall submit its interim/final report by the next date of hearing, i.e. 28.10.2015. The Medical Board shall affix a photograph of mentally ill person on the report and shall also attach a copy of the identity proof produced by him on the first date.

(Jyoti Kler) JSCC­ASCJ­GJ/South East, Saket Courts, New Delhi/20.08.2015