TIRUVALLURAMMAL Vs. KULLACHIAMMAL

JUDGEMENT

(1.) THIS appeal has been filed against an order of the lower court directing the summons to issue to the alleged lunatic for appearance before court on 8-31976 under S. 41 of the Indian Lunacy Act.

(2.) THE respondent herein filed a petition, O. P. 8 of 1975, under S. 38 of the Act seeking an order of inquisition alleging that her husband Rajappan is a lunatic and that he is of unsound mind and incapable of managing himself and his affairs. The said petition is being contested by the appellant herein who is the mother of the said Rajappan. The appellant has filed her counter in the said petition stating that Rajappan became subject to hallucinations soon after his marriage with the respondent, that after the respondent left him to lead a life of her own, after getting a divorce from him according to custom in the community, Rajappan became subject to first of depression losing interest in life, that he answered questions if in proper mood, and would not like to engage in conversation with anyone, but that from these it may not be possible to consider him insane within the meaning of the definition of the word in the indian Lunacy Act. she has also stated that after the respondent left Rajappan, he is being looked after by her and that she has been appointed as guardian-ad-litem in suits filed against him by her brother as well as outsiders.

(3.) IN the said petition, the respondent filed I. A. 291 of 1975, seeking an order under S. 41 of the Indian Lunacy Act, for the medical examination of the alleged lunatic Rajappan to find out his mental condition as on date. The said application was opposed by the appellant on the ground that Rajappan is not a lunatic, that therefore, she is not in a position to produce the lunatic and that, in any event, any order for production of the alleged lunatic can only be after an order of inquisition is made under S. 38 of the Act. It was also contended by the appellant that the application is not maintainable by the respondent as she is not a relative who is entitled to file an application under the Lunacy Act.