Delhi District Court
Ms. Suman vs The State on 8 January, 2015
In the Court of Pawan Kumar Matto : Additional District Judge01
(East) : Karkardooma Courts : Delhi
RBT G. No. 5/14/2013
Unique Case ID No.: 02402C0400982013
IN THE MATTER OF :
Ms. Suman
d/o late Shri Ganga Singh,
r/o A348, Siddharth Gali, Buddha Marg,
Delhi 110 092.
......Petitioner
Versus
1. The State, Govt. of NCT
Delhi.
2. Ms Deepti
d/o late Shri Ganga Singh
r/o A348, Siddharth Gali,
Buddha Marg, Delhi92. ......Respondents
Date of Institution : 11/12/2013
Arguments heard on : 06/01/2015
Date of judgment : 08/01/2015
JUDGMENT
Appointment of Guardian Under Section 52 and 53 of The Mental Health Act, 1987.
1. The petitioner has filed the present petition for the appointment of the guardian of Shri Pradeep Singh for the purpose of pensionary benefit of Shri Pradeep Singh, on the averments that the mother of the petitioner, Shri Pradeep Singh and the RBTG.no:5/2014/2013 Suman vs State 1 of 8 respondent no.2 namely Kamla Devi expired on 14.2.1995, whereas, their father namely Shri Ganga Singh expired on 17.7.2011, leaving behind Shri Pradeep Singh(son), petitioner(i.e. Suman)(daughter) and Deepti/respondent no.2(daughter), as their legal heirs.
2. It is further stated that the father of the petitioner, Pradeep Singh and respondent no.2, namely Shri Ganga Singh was working as a Jamadar in the Hon'ble Supreme Court of India, till the age of his superannuation on dated 31.8.2009. The petitioner has further stated that in view of sudden death of their mother, Shri Pradeep Singh has gone in deep depression and he is suffering from Schizophrenia which is permanently disability. It is further stated that after the death of the parents, the petitioner is looking after her brother Pradeep Singh and her younger sister Deepti/respondent no.2 and both Shri Pradeep Singh and Deepti/respondent no.2 are living under the care of the petitioner and the petitioner is an educated lady. She is B.Com. M.B.A and C.S.
3. It is further stated that the father of the petitioner late Shri Ganga Singh retired from his services on 31.8.2009 and before the death of her father on 17.7.2011, the father of the petitioner was drawing the pension from the UCO Bank, Branch Supreme Court of India, Tilak Marg, New Delhi, under PPO - 317090900304 and after the death of the father of the petitioner, the petitioner had filed an affidavit in the UCO Bank stating therein that she is the RBTG.no:5/2014/2013 Suman vs State 2 of 8 daughter of deceased Shri Ganga Singh and since the nominee of the deceased namely Shri Pradeep Singh is mentally ill, so the family pension may be released to the petitioner and further stated that since the pension has not been released, the petitioner is facing great difficulty to meet the day to day expenses and also the medical expenses of Shri Pradeep Singh and further stated that the Pay & Accounts Office, of hon'ble Supreme Court of India, New Delhi had asked to the petitioner to get the Guardianship Certificate from the Competent Court of Law.
4. It is further stated that as per the Disability Certificate dated 23.10.2013, Shri Pradeep Singh is having 60% mental disability which is not likely to improve and further stated that the respondent no.2 has no objection, if the petitioner is appointed as guardian of Shri Pradeep Singh.
5. It is further stated that the petitioner wants to be appointed the guardian of his brother namely Shri Pradeep Singh, who is mentally disabled person. The petitioner has undertaken to spend all the money of pension for taking care of Shri Pradeep Singh and the petitioner has sought for her appointment as guardian of Shri Pradeep Singh for the purpose of pensionary benefit of Shri Pradeep Singh.
6. The notices of the petition were issued to the respondents. The respondent no.1 was duly served by way of publication of notice in the newspaper Qaumi Patrika in its edition dated 09.01.2014 for 17.02.2014, but despite of it's service, none had appeared on RBTG.no:5/2014/2013 Suman vs State 3 of 8 behalf of the respondent no.1, so, the respondent no.1 was proceeded exparte.
7. Whereas, the respondent no.2 has filed affidavit Ex.R2/A and given the statement that she has no objection if the petitioner is appointed as guardian of Shri Pradeep Singh.
8. In order to prove her case, the petitioner has examined three witnesses. The petitioner has examined herself as PW1 vide her affidavit Ex. PW1/A and in one way or the other, she has reiterated the contents of her petition. She has relied upon the documents i.e. original death certificate of her mother namely Smt. Kamla Devi who expired on dated 14.02.1995 Ex.PW1/1, original death certificate of her father namely Sh. Ganga Singh who expired on dated 17.07.2011 Ex.PW1/2, photocopy of the disability certificate of Sh. Pradeep Singh issued by the RML Hospital mark A, photocopy of the affidavit dated 29.11.2012 filed by her in the UCO Bank, Branch Supreme Court of India mark B, photocopy of pension payment order of the deceased Sh. Ganga Singh mark C (from page no.16 to 21), original letter dated 27.02.2013 written by the UCO Bank to the Pay & Accounts Office, Supreme Court of India Ex.PW1/3, photocopy of disability certificate issued on dated 23.10.2013 to Sh. Pradeep Singh by RML Hospital mark D.
9. Opportunity to cross examine to the petitioner was given to the respondent no.2, who had stated that she did not want to cross examine the petitioner. Accordingly, her opportunity to cross RBTG.no:5/2014/2013 Suman vs State 4 of 8 examine to the petitioner was done NIL.
10. Shri Basant Malik, Assistant Accounts Officer, Accounts branch hon'ble Supreme Court of India has been examined as PW2, who has proved on record the record relating to the pension of late Shri Ganga Singh, son of late Shri Soban Singh ( page 1 to 31 collectively Ex.PW2/A) who has deposed that late Shri Ganga Singh was retired on 31.8.2009 and he was working as an USHER.
11. Opportunity to cross examine this witness was given to the respondent no.2, who had stated that she did not want to cross examine to this witness. Accordingly, her opportunity to cross examine PW2 was done NIL.
12. Dr Smita N Deshpandey from the Department of Psychiatry, Dr Ram Manohar Lohia Hospital, New Delhi was also examined as PW3, who has proved on record the disability certificate of Shri Pradeep Singh s/o Shri Ganga Singh Ex.PW3/B issued on dated 23.10.2013 and testified that Shri Pradeep Singh is suffering from schizophrenia and his disability is 60%, which is permanent in nature.
13. I have heard the Ld. Counsel for the petitioner and perused the record.
14. From the entire evidence on the record, it is proved that petitioner is the sister of Shri Pradeep Singh and from the testimony of PW3 Dr Smita N Deshpandey recorded on 1.10.2014, it is proved on the record that Shri Pradeep Singh is suffering from RBTG.no:5/2014/2013 Suman vs State 5 of 8 schizophrenia and his disability is 60% and from the disability certificate Ex.PW3/B it is proved that the disability, from which, Shri Pradeep Singh is suffering, is permanent in nature and not curable and the father and mother of the petitioner, Shri Pradeep Singh and the respondent no.2 have already been expired and before the death of the father of the petitioner, the father of the petitioner was drawing the pension from UCO Bank and after the death of the father of the petitioner, the pension is required to be released to Shri Pradeep Singh/nominee, but since Shri Pradeep Singh/nominee is mentally ill and he is unable to get the pensionary benefit of his deceased father Shri Ganga Singh, so, the petitioner has prayed for her appointment as guardian of Shri Pradeep Singh.
15. From the perusal of the document Ex. PW2/ (colly) and statement of Shri Basant PW2, it is clear that Shri Ganga Singh deceased was retired as Jamadar and after his retirement, he was getting pension from the UCO Bank and Shri Ganga Singh has already been expired on dated 17.7.2011, who had nominated to his son namely Shri Pradeep Singh and since from the testimony of Dr Smita N Deshpandey and PW3/B, it is proved that Shri Pradeep Singh is suffering from schizophrenia and he is 60% disabled and he is unable to get the pensionary benefit of his deceased father Shri Ganga Singh. Since the counsel for the petitioner has submitted that since Shri Pradeep Singh is entitled to get the pensionary benefit of his deceased father being RBTG.no:5/2014/2013 Suman vs State 6 of 8 mentally disabled person from UCO Bank Branch Supreme Court of India and the said bank has demanded the guardianship certificate for disbursement of pensionary benefit to Shri Pradeep.
16. The testimonies of the petitioner and her other witnesses have gone unrebutted, uncontroverted and unimpeached and I have no ground to disbelieve the same, so the same are relied upon.
17. In view of the above discussion, I am inclined to hold that petitioner, who is the real sister of Shri Pradeep Singh and who is an educated lady is the fit person to protect and watch the interests of her brother namely Shri Pradeep Singh, as there is nothing on the record to draw such inferences that the interests of petitioner are contrary to the interest of her brother i.e. Pradeep Singh.
18. Hence, in view of the above discussion, the petition stands allowed. Ms Suman d/o late Shri Ganga Singh r/o A348, Siddharth Gali, Buddha Marg, Delhi 92, is appointed as a guardian of Shri Pradeep Singh for the release of the family pension of deceased Shri Ganga Singh in favour of Shri Pradeep Singh. The petitioner/ Ms Suman is directed to not do any act, which may be proved to be contrary to the interest of Shri Pradeep Singh. Guardianship certificate is ordered to be issued after completion of the formalities, if any, and it will be relevant only for the release of the family pension of deceased Shri Ganga Singh in favour of Shri Pradeep Singh and the petitioner shall RBTG.no:5/2014/2013 Suman vs State 7 of 8 open an account in the name of Sh. Pradeep Singh under her guardianship in any nationalized bank. The petitioner shall have no right, title or interest over the amount of pension coming to Shri Pradeep Singh. The petitioner cannot withdraw money from the account of Shri Pradeep Singh without prior permission of the court and the petitioner is further directed to file statement of account in the court in respect to the account of Shri Pradeep Singh, on the receipt of any amount on behalf of Shri Pradeep Singh within two months thereof. The certificate of Guardianship to be issued by this court cannot be used for any other purpose except the pensionary benefit to which Shri Pradeep Singh is entitled. The file be consigned to record room. Announced in the open court. (Pawan Kumar Matto) On: 08.01.2015 Additional District Judge01, (East), KKD Courts, Delhi.
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