AVINASH CHANDER MOOKHY Vs. GENERAL PUBLIC

JUDGEMENT

(1.) One Sukh Darshan Jain (respondent No. 2) filed a petition for appointment of guardian under Section 53(1) of the Mental Health Act, 1987 in respect of mentally ill person Ms. Saroj Kumari daughter of late Sh. Dharam Chand Mukhi. According to the case set up by him, Ms. Saroj Kumari is a mentally ill person and was under the care of Ms. Swaran Kanta Mukhi, who died on 4.8.2007. Except Swaran Kanta Mukhi, there was no kith and kin of Ms. Saroj Kumari, who could take care of her and her properties as the remaining legal heirs are settled abroad. It was the further case of respondent No. 2 that he being a family friend of the respondents, was in a position to effectively take care of Saroj Kumari Mukhi and her property.

(2.) In the petition, respondent No. 2 arrayed appellant as well as respondents No. 3 and 4 also, who are brothers and sisters of Saroj Kumari Mukhi. They filed written statement submitting that the petition be accepted and respondent No. 2 be appointed as legal guardian of mentally ill person Saroj Kumari Mukhi. However, during the pendency of the petition, an application was made on behalf of the respondent No. 2 to transpose him as applicant-petitioner No. 2. The said application was allowed on 5.1.2012.

(3.) The trial Court vide order dated 26.11.2012 rejected the petition by observing as under: