PARAG Vs. SENIOR ACCOUNTS OFFICER

JUDGEMENT

(1.) Admit.

(2.) This appeal filed under Section 76 of the Mental Health Act, 1987 (for short, the said Act) takes exception to the order dated 03/05/2014 passed by the District Court, Nagpur rejecting the application filed by the appellant under Section 52 of the said Act as not being maintainable on the ground that guardian was sought to be appointed in respect of a mentally retarded person.

(3.) According to the applicant, one Kum. Netra who was his elder sister who was suffering from intractable Epilepsy since the age of 16 years. It is his further case that his elder sister was entitled for family pension on account of death of her father. However, the authorities had advised the applicant to furnish a legal guardianship certificate. As said Kum. Netra was mentally ill, present proceedings for appointing a guardian were initiated. In these proceedings, the learned District Judge found that the procedure prescribed by Sections 50 and 51 of the said Act was required to be followed. After considering the certificates at Exhibits21 and 23, a finding was recorded that the proceedings were not maintainable as Kum. Netra was suffering from mental retardation and therefore she could not be termed to a "mentally ill person" under Section 2(l) of the said Act. Accordingly, the application came to be rejected as not being maintainable.