ASHA MUKUND DATE Vs. MUKUND MORESHWAR DATE

JUDGEMENT

(1.) This appeal has a chequered career and has been filed to challenge the legality of the order dated Feb. 25, 1976 passed by the Assistant Judge, Poona in Lunacy Application filed by the appellant-wife for the purpose of appointing a guardian and manager for the person and property of the Respondent-husband whom she alleges to be a lunatic. The facts giving rise to the filing of this petition and which transpired during the pendency of this appeal are required to be stated.

(2.) The appellant married respondent No. 1 on Oct. 12, 1965. The marriage was settled by the father of the appellant who is residing in three room tenement at Ganesh Peth in Poona. The respondent No. 1 had an ancestral house at Baramati in District Poona and where he was residing with his parents and an unmarried sister. His four other sitters were already married. The family of respondent No. 1 is a well known family in Baramati and possesses a large estate consisting of agricultural lands and house properties. The lands are Bagayat lands and the family raises sugarcane crop which fetches large annual income. After the marriage, the appellant went and stayed with respondent No. 1 at Baramati and two children were born out of the wedlock. The first child was a son Ravindra borne on Sept. 8, 1968, while the second is daughter Vaishali borne on April 10, 1972. The father of respondent No. 1 died on Aug. 11, 1969. The appellant had a quarrel with her mother-in-law some time in the year 1973 and there- upon she left Baramati along with her two children and came down to Poona to reside with her parents.

(3.) On July 2, 1973, the appellant preferred Miscellaneous Application No 178 of 1973 in the Court of District judge at Poona under Sec. 63 of the Indian Lunacy Act, 1972 for the appointment as manager of the estate of her husband and also the guardian of his person on the ground that respondent No. 1 is a lunatic or of unsound mind and is incapable to manage himself and his affairs. In this petition, it was alleged that the behaviour of respondent No. 1 at home and in society is very ridiculous and strange and he is incapable of safeguarding his own interest and the interest of his family members. The only allegation made in the petition is that r. splendent No. 1 was treated in the 'Mental Hospital, 'B.M. Deb Sikhadar Kripamany Nursing Home, Miraj' for a period of one month in the year 1963 but with- out any effect. It is also averred that the respondent No. 1 is taken to the said hospital every three or four months for treatment. The appellant also claimed that due to the behaviour of the lunatic and due to the humiliating treatment accorded by her mother-in-law and sister-in-law, it was impossible for her to stay at Baramati and she was compelled to come down to Poona. The appellant made allegation about the transfer of properties by her mother- in-law and complained that the transfer was effected surreptiously to defeat her interest.