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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.

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.

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.

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.

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.

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.

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.