VIJAY SINGH Vs. GENERAL PUBLIC

JUDGEMENT

(1.) The appellant applicant has directed this appeal under Section 76 of the Mental Health Act, 1987, ( in short the Act ) being aggrieved by the order dated 20.10.05 passed by the 11th District Judge, Jabalpur in MJC no. 66/04 dismissing his application filed under Section 52 of the Act for grant of Guardianship Certificate in respect of his sister Ku. Nilam Singh under Section 52 of the Act.

(2.) The facts giving rise to this appeal in short are that the appellant filed the aforesaid application under Section 52 of the Act contending that his sister Ku. Nilam Singh, aged 35 years is mentally retarded since her birth. Shri V.M.K. Singh, the father of the appellant and said Ku. Nilam was serving as a Driver in the Central Railway who lost his breath on 2.6.2000. He nominated Ku. Nilam for his family pension but unfortunately due to mistake the mental retarded condition of Ku. Nilam was not mentioned in such record.

(3.) In reply of the respondent no. 2 by admitting the factum that the father of the Ku. Nilam was in their service, the averments regarding Ku. Nilam is mentally ill person or she is under mental disorder are denied. The same was never mentioned by the deceased employee in the official record till his retirement and thereafter. With these averments the prayer for dismissal of the petition is made.