PETER THOMPSON Vs. TRESA XAVIER

JUDGEMENT

(1.) This appeal under S.83 of the Indian Lunacy Act (Central Act IV of 1912) is directed against the order of the District Court, Ernakulam, declaring Sri Manayath Thommen Antony as a person of unsound mind incapable of managing his affairs and appointing his brother's widow Mrs. Tresa Xavier as his custodian and Manager of his properties.

(2.) Mrs. Tresa Xavier to be referred hereafter as the petitioner filed an application under S.62 and 63 of the Act alleging that the second respondent herein, Manayath Thommen Antony, has been insane for several years, that his brother was appointed as a guardian in an earlier lunacy proceedings, Lunacy O.P. No. 1 of 1962, that he was under the care of his brother till he died on 12-1-1979 and thereafter the second respondent has been under the custody and care of the petitioner. It was, therefore, necessary to appoint a guardian for him to manage his person and his properties. The petition also stated that there were no close relations of the alleged lunatic.

(3.) On this application the lower court ordered notice to the second respondent, the alleged lunatic. The notice could not be served on him as reported by the process Server and it was accepted by the petitioner herself. He was examined by a doctor who submitted a report. The respondent was also questioned by the lower Court.