ARUN KUMAR BALAKRISHNAN Vs. STATE

JUDGEMENT

(1.) This Original Petition is filed under Order 1 Rule 9 of the O.S. Rules read with Section 53 of the Mental Health Act 1987 praying to appoint the petitioner as Guardian and Manager of the mentally ill person, namely, her husband Mr. Arunkumar K. Balakrishnan till he recovers from his mental illness. The wife of Arunkumar K. Balakrishnan has filed this petition to appoint her as guardian in terms of Section 53 of the Mental Health Act in respect of her husband, who is said to be a mentally ill person.

(2.) The brief facts of the case are as follows:

(3.) According to the petitioner, the said Arunkumar K. Balakrishnan is unable to take any decision or sign any legal document consequent to the sickness that he has undergone and inspite of best medical efforts, he is unable to get over the illness. When the petitioner contacted the Doctor concerned, he opined that the clinic and mental status of the Arunkumar K. Balakrishnan is weakening and he is not in a position to take decision or sign any legal document. In view of the said peculiar situation, the wife, who is unable to wind-up the operation in Dubai and also facing difficulty in surrendering the house and settling the movables, including the car at Abu Dhabi, has now approached this Court to appoint her as the Guardian of the mentally ill-person Arunkumar K. Balakrishnan, the husband, by filing the present Original Petition. In support of the Original Petition, the Certificate of Marriage dated 10.11.1995 is filed as Document No. 1.