Indian Kanoon - Search engine for Indian Law

27. She further deposed that her husband handed over all medical documents to her present counsel. Ex. PW-1/9 (Colly) are the documents which are filed by her. She deposed that Ms. Sumeet Kaur is suffering from Schizophrenia. She has lost her touch with the reality being a patient of Schizophrenia and often her higher level cognitive functions are affected like judgment, decision making, taking precautions measures. She was diagnosed in AIIMS for the illness of Schizophrenia and the same is confirmed by IHBAS. She deposed that she has gone through the reports which were given by the doctors of AIIMS and IHBAS. She admitted that the doctors of IHBAS stated that she is suffering from Paranoid Schizophrenia and that she requires continuous treatment for the said illness for her whole life. The treatment is still continuing and regular monthly follow up is going on. However, they were not able to go during the entire COIVD period as OPDs are not functioning. She denied the suggestion that they are not going for the treatment of the said Sumeet Kaur. She admitted that she has not filed the recent treatment medical records of Sumeet Kaur but they can provide the same if demanded.

30. She deposed that the patient suffering from Paranoid Schizophrenia like her sister can manage herself/himself for 3-4 hours in a day if the patient is taking medicines regularly. Summet Kaur is taking medicines regularly for her illness twice a day i.e. in the morning at about 3.00 p.m. and in the evening at about 11.00 p.m. She denied the suggestion that she is not giving any medicines to Sumeet Kaur for long time. She denied the suggestion that Sumeet Kaur is looking after her minor child. She admitted that Summet Kaur is having the knowledge of the properties / assets mentioned by her in her petition as well as in her affidavit Ex. PW- 1/A. She deposed that in the year 2014 and 2015, she used to visit to her other's home when she was not well. A question was put to her that "during your visit to your mother's home in the year 2014 and 2015, how many hours you used to stay? She replied that she used to stay for 12 hours sometimes to 24 hours. She denied the suggestion that in the year 2014 to 2015, she did not spent 12 to 24 hours at the house of her mother. She denied the suggestion that since the day of her marriage, she regularly did not visit the house of her mother.

1. Patient is diagnosed with paranoid Schizophrenia

2. Despite adequate trial of medical, she has not shown much improvement and continued to be symptomatic. Her condition is unlikely to improve further.

3. She is found unfit to stand trial and unable to take care of self and property.

37. It is pertinent to mention here that the other reports regarding examination and treatment of Smt. Sumit Kaur is Ex.PW1/9 (colly) of AIIMS hospital and IHBAS hospital.

38. Respondent no.2 challenged that Sumit Kaur is not mentally ill and capable of looking after herself and her properties. However, no medical evidence produced by the respondent. Respondent no.2 Lakhbir Singh also not examined any witness to corroborate this fact that patient Ms. Sumit Kaur is not having any mental disease. During the course of arguments, Ld. Counsel for respondent no.2 relied upon letter dated 21.09.2016 Mark A purported to be written by patient Ms. Sumit Kumar to the police. However photocopy of letter dated 21.09.2016 is not proved as per law. Therefore, it cannot be a documentary evidence to support the plea as observed herein above. The respondent no.2 failed to examine any witness or produce any documentary evidence to prove this fact. On the other hand, petitioner Preet Kaur established on record that patient Sumit Kaur is mentally ill vide report Ex.PW11/A and she is diagnosed with paranoid Schizophrenia and despite adequate trial of medical, she has not shown much improvement and continued to be symptomatic. Her condition is unlikely to improve further. She is found unfit to stand trial and unable to take care of self and property.

42. The material on record specially the evidence led by both the parties clearly established that patient Sumit Kaur is suffering from paranoid Schizophrenia. Despite adequate trial of medical, she has not shown much improvement and continued to be symptomatic. Her condition is unlikely to improve further. She is found unfit to stand trial and unable to take care of self and property and she require regular medical treatment. It is further established by the petitioner that she is real sister of patient Sumit Kaur and since the filing of the present petition and after the death of her mother Late Smt. Inderjeet Kaur, she has been residing with patient Sumit Kaur and taking care of her along with her husband. Although both petitioner and her husband are working, however, they are taking care of the patient Sumit Kaur. On the other hand, Respondent no.2 who is biological father of patient separated from his wife Late Smt. Inderjeet Kaur from the year 1995-96. Respondent no.2 has not been working since 1984, 91 years of age and financially dependent upon his sister and has no source of income.