Delhi District Court
Sh. S. L. Verma vs The State (Govt. Of Nct) on 10 September, 2014
IN THE COURT OF SHRI VINOD GOEL, DISTRICT & SESSIONS
JUDGE: SHAHDARA: KARKARDOOMA COURTS: DELHI
G. No. 01/14
Unique Identification No. 02402C0204752014
Sh. S. L. Verma
S/o late Sh. K.R. Verma,
R/o H. No. C77, Suraj Mal Vihar,
Delhi110092.
....Petitioner
Versus
1. The State (Govt. of NCT)
Through its Secretary,
Sham Nath Marg, Delhi.
2. Institute of Human Behaviour & Allied Sciences (IHBAS)
(An Autonomous Body under the Govt. of NCT of Delhi
through its Medical Superintendent,
Dilshad Garden, Delhi110095.
....Respondents
Date of institution : 14.07.2014 Date of Argument : 09.09.2014 Date of Decision : 10.09.2014
Petition under Section 53 of Mental Health Act, 1987 for Appointment of Guardian of Mentally Ill Person. S.L. Verma vs. State (Govt. of NCT) & Anr.
G. No. 01/14Dated 10.09.2014 Page 1 of 7 Judgment
1. The petitioner has preferred this petition for his appointment as guardian of his daughter under Section 53 of Mental Health Act, 1987 (hereinafter referred as to the "Act") on the ground that his daughter Ms. Vandna Verma aged about 44 years has been suffering from Paranoid Schizophrenia. The petitioner has retired from the job and has been residing with his wife and mentally sick daughter. The mentally sick daughter of the petitioner is not able to look after herself. She is also not able to perform her day to day activities. It is alleged that since January, 2005, the daughter of the petitioner is undergoing treatment of her said disease under supervision of Dr. M.S. Kansal. She was also admitted in Delhi Psychiatric Centre from 22.01.2006 to 02.11.2006. She has been admitted as indoor patient at IHBAS through mobile mental health services. Earlier she had run away/slipped from home on 17.01.2006, 14.10.2006 & 17.08.2008. The Institute of Human Behaviour and Allied Sciences (IHBAS) has issued a certificate mentioning therein that the said mentally sick daughter of the petitioner has been suffering from Paranoid Schizophrenia and she is a case of mental disability which has been certified to be more than 40%. The said mentally sick daughter of the petitioner has no S.L. Verma vs. State (Govt. of NCT) & Anr.
G. No. 01/14Dated 10.09.2014 Page 2 of 7 movable or immovable property in her name except two saving bank accounts one with State Bank of India and other with ICICI Bank Ltd. having lowest possible minimum balance therein. There is no other person male or female fit to look after the said daughter of the petitioner. The petitioner, who is a senior citizen, has been looking after her said daughter.
2. Notice of the petition was issued to the State (Govt. of NCT of Delhi) as well as Institute of Human Behaviour and Allied Sciences (IHBAS) through its Medical Superintendent with a direction to produce the patient Ms. Vandna Verma before the court. Pursuant to the notice, alleged mental ill person Ms. Vandna Verma appeared in person in the court on 30.07.2014. The patient Ms. Vandna Verma continued to appear in the court along with her father/petitioner Sh. S.L. Verma on all the dates of hearing.
3. At the stage of preliminary hearing, I have recorded the statement of the petitioner under Order X Rule 1 of Code of Civil Procedure, 1908 and the petitioner stated that he is the father of Ms. Vandna Verma who is aged about 44 years. She was married to Sh. Rakesh Sehgal in the year 1994. Sh. Rakesh Sehgal is settled in USA. His said daughter Ms. Vandna Verma and Sh. Rakesh Sehgal were S.L. Verma vs. State (Govt. of NCT) & Anr.
G. No. 01/14Dated 10.09.2014 Page 3 of 7 blessed with two daughters. However, a decree of divorce was passed by the District Court Judge in USA on 01.09.2001 between his said daughter and her husband. The custody of their both daughters was given to Sh. Rakesh Sehgal. His daughter Ms. Vandna Verma returned to country in April, 2002 and since then she has been residing with him and his wife Smt. Krishna Kumari. The petitioner has two more daughters namely Ms. Rajni Chaudhary and Ms. Mamta Mitra and both of them are married and settled in USA and Australia respectively and they cannot come to take care of his said daughter Ms. Vandna Verma. His daughter Ms. Vandna Verma has been suffering from mental disorder i.e. Paranoid Schizophrenia. This disease was discovered for the first time in the year 1999 while she was in USA. She has been under treatment since then. His daughter Ms. Vandna Verma has left the house four times after returning to India and at present, she is lying admitted for treatment of the said disease in IHBAS hospital since 02.04.2014. She has no movable or immovable property in her name except two saving bank accounts one with the ICICI Bank Ltd. with zero balance and other with State Bank of India where she has the balance of Rs.1260/ as on 11.07.2014. The behaviour of his daughter is quite resistive and he is facing great S.L. Verma vs. State (Govt. of NCT) & Anr.
G. No. 01/14Dated 10.09.2014 Page 4 of 7 difficulties to pursue her treatment. She is incapable of looking after herself even for day to day rituals.
4. After the case was posted for evidence of the petitioner, PW1 further stated that he lodged a complaint with the police vide DD dated 15.10.2006 Ex.PW1/A, DD dated 20.09.2010 Ex.PW1/B, Tracing Report of his daughter dated 07.10.2010 Ex.PW1/C and copy of complaint lodged to the Commissioner of Police dated 27.09.2010 Ex.PW1/D. He also tendered in evidence copies of prescription of the treatment of his daughter for the period from 25.12.2002 to 11.03.2014 which are Ex.PW1/1 to Ex.PW1/19. She took treatment at Jajor Neuro Psychiatric Centre from 25.12.2002 to April, 2004. She also remained under treatment of Dr. M.S. Kansal from the year 2005 to 2013. Ex.PW1/E is certified copy of decree of dissolution of marriage between Ms. Vandna Verma and her husband Sh. Rakesh Sehgal passed by District County Court of USA on 01.09.2001.
5. The petitioner also examined Dr. Om Prakash, Associate Professor of Psychiatry, Institute of Human Behaviour and Allied Sciences, Dilshad Garden, Delhi as PW2. He stated that the patient Ms. Vandna Verma, present in the court, has been under his treatment in IHBAS since 02.04.2014 when she was brought there with the help S.L. Verma vs. State (Govt. of NCT) & Anr.
G. No. 01/14Dated 10.09.2014 Page 5 of 7 of Mobile Mental Health Unit Team along with her father Sh. S.L. Verma present in the court. He examined the patient Ms. Vandna Verma on 02.04.2014 and found that she is a case of Paranoid Schizophrenia. In her case, he has long standing illness of about 15 years characterized by delusions of persecution, reference and grandiosity. She has also delusion of misidentification and other related behaviourial problems leading to dysfunction in areas of functioning (self care work and social relationship). Before coming to IHBAS, she was under the treatment of various psychiatrists and received multiple medications. She was put on clozapine, one of the anti psychotics given in cases of treatment of resistant schizophrenia. They have also issued a Disability Certificate dated 21.06.2014 in respect of Ms. Vandna Verma. He has seen the original certificate and the photocopy thereof is Ex.PW2/A which has been issued by Dr. Amit Khanna, Asstt. Professor Psychiatry. She remained admitted in their hospital from 02.04.2014 to 21.07.2014. He further stated that Ms. Vandna Verma needs constant supervision of medications, preferably a family member. She needs constant followup with a psychiatrist. Although she is able to look after her personal care to some extent but she needs constant supervision and advise on repeated S.L. Verma vs. State (Govt. of NCT) & Anr.
G. No. 01/14Dated 10.09.2014 Page 6 of 7 occasions.
6. Schizophrenia is a mental disorder after characterized by abnormal social behaviour and failure to recognize what is real. Paranoid Schizophrenia is a sub type of Schizophrenia as defined in the Diagnostic and Statistical Manual of Mental Disorders. It is the most common type of Schizophrenia
7. From the statement of the petitioner as also from the expert opinion given by PW2 Dr. Om Prakash, Associate Professor of Psychiatry, IHBAS and treatment record of Ms. Vandna Verma and Disability Certificate issued by IHBAS, I am satisfied that Ms. Vandna Verma is incapable of taking care of herself as she has been suffering from Paranoid Schizophrenia. I found that the petitioner, who is the father of Ms. Vandna Verma, is suitable person to be her guardian and therefore, I appoint the petitioner Sh. S.L. Verma as guardian of Ms. Vandna Verma to take care of her person. Accordingly petition is disposed off. File be consigned to record room.
Announced in open Court th on 10 September, 2014. (Vinod Goel) District & Sessions Judge, Shahdara, KKD Courts, Delhi.
S.L. Verma vs. State (Govt. of NCT) & Anr.
G. No. 01/14Dated 10.09.2014 Page 7 of 7