CHANVIRGAVDA SHIVANGAVDA PATIL Vs. DISTRICT MAGISTRATE, DHARWAR

JUDGEMENT

(1.) This is an appeal under the Indian Lunacy Act (IV of 1912).

(2.) The District Magistrate of Dharwar made an application under Section 88 of the Act for an order for the payment of the cost of maintenance of the lunatic Shivangavda to the District Court of Dharwar against the father of the lunatic. It appears that a reception order was made by the District Magistrate with reference to Shivangavda under Section 14 of the Act on April 1, 1924, without any engagement by a relation to maintain him; and in consequence the lunatic was detained in an asylum. The amount of maintenance claimed related to a period of three months (from April 1 to June 30, 1924). In the petition the lunatic was stated to have been discharged on June 30, 1924, though this fact is disputed before us. The amount was claimed at the rate of Rs. 1-2-0 per day according to the scale fixed under Rule 18(ii) of the rules made under Section 91 of the Act on the basis that the father had a pension of Rs. 216 per mensem in addition to the joint family property. (See Local Rules and Orders under Enactments applying to Bombay, Vol. II, pages 705 and 706). The opponent (the father of the lunatic) contended that he was not personally liable to maintain his insane son who was about twenty-five years old, that as the manager of the, family his liability was limited to the income of the joint property which would represent the share of the son, and that the annual income of such property was about Rs. 100. He contended that the income of the whole joint property was less than Rs. 1,000, and that the lunatic should have been exempt according to law from paying any charg Secs.

(3.) On this application under Section 88 of the Act the learned District Judge made a summary inquiry under Section 89 and passed an order for the payment of the costs of maintenance. He directed the opponent to pay annas eight per day for the period for which maintenance charges were claimed.