SUDARSHAN SHARMA Vs. MUKUL AGGARWAL

JUDGEMENT

(1.) THE challenge herein is to the judgment and order dated 24.10.2011 passed by the District Judge, Dehradun in Misc. Case No.45 of 2010, thereby appointing respondent no.1 - Mukul Aggarwal as the Guardian to look after the mentally ill Nishant Sharma and also as the Manager to look after the property inherited by him (Nishant Sharma) from his father Gopal Krishan Sharma.

(2.) APPELLANT Smt. Sudershan Sharma is the stepmother. Mr. Nishant Sharma was born on 14.5.1975 out of the wedlock of his mother Ms. Rashmi Sharma and father Mr. Gopal Krishan Sharma. His mother died in the year 1976 i.e. just after almost one year of his birth. So, his father Gopal Krishna tied nuptial knot with Ms. Sudershan Sharma. Out of this second wedlock, another son Mr. Aaditya Sharma was born who is the stepbrother of Nishant. Since the father of Mr. Nishant solemnized second marriage, so for want of proper care in the shadow of stepmother, he was brought up by his real maternal uncle Mukul Aggarwal.

(3.) MR . Gopal Krishan Sharma died on 16.3.2008. This petition was moved by Mukul Agarwal under Section 52 of the Mental Health Act, 1987 (hereinafter will be referred to as 'the Act') for such appointment which was granted by the impugned judgment and order dated 24.10.2011.