INDIRA Vs. K P V MENON

JUDGEMENT

(1.) Appellant is the wife of one Sankaranarayanan. She filed a petition before the District Court, Palakkad under Section 50, 52 and 54 of the Mental Health Act 1987 (fior short, the Act) with a prayer to appoint her as the Manager of her mentally ill husband for the specific purpose of receiving the family pension due from the Ministry of Steel, Govt. of India.

(2.) The parents of Sankaranarayanan who were arrayed as respondents in the Original Petition, did not respond to the notice issued from the court below. The District Court after considering the oral testimony of the appellant who was examined as Pw.1 and also Exts.A-1 to A-3 documents produced by her, took the view that Sankaranarayanan is not a mentally ill person and therefore rejected the prayer for her appointment as manager and dismissed the petition.

(3.) Learned counsel submits that the appellant had approached the court below under the Act only to enable her family comprising herself, her husband Sankaranarayanan and the two minor children to get family pension from the Central Government as provided under Rule 54 of the Central (Civil Services) Pension Rules. It is contended by the learned counsel that the father of Sankaranarayanan who was impleaded as respondent No. 1 before the court below was an employee under the Central Government. He had been drawing a family pension of about Rs. 8000/- per month. Going by the provisions contained in Rule 54 referred to above, Sankaranarayanan will also be entitled to get family pension since he is suffering from disorder or disability of mind.