Wife`s plea to be guardian of "mentally ill" husband dismissed
New Delhi: A woman`s plea for being declared as the guardian of her "mentally ill" husband to manage his properties has been dismissed by a Delhi court which said the man was in a capacity to take care of himself and his affairs.
Additional District Judge Sunil Rana rejected the woman`s petition, saying it was not maintainable under the Mental Health Act and the man behaved normally during his examination before the court and also answered all the questions.
The court considered the facts and circumstances of the matter and the examination of the allegedly mentally ill person by it during which he could answer all the questions properly and behaved normal throughout his examination.
"In these circumstances, by no stretch of imagination, it can be said that allegedly mentally ill person is not in a capacity to manage himself and his affairs. Hence, this court is of the opinion that present petition is not maintainable under the Mental Health Act," it said.
The woman approached the court saying that she had married the man in 2002 and was living with him in North East Delhi till May 1, 2011 but thereafter she was forced by her in-laws to leave the matrimonial house along with her minor son.
She alleged that after her father-in-law`s death, property belonging to the family came to her husband but he was suffering from "mental disorder and was incapable of making wise decision and he needed medical treatment".
She also alleged that her mother-in-law and younger brother-in-law wanted to usurp the property and she should be appointed as the guardian of her husband to take care of him and to manage his share in the property.
The man`s mother and brother, however, submitted before the judge that he was residing with them and was not suffering from any mental illness and pleaded the court to examine him.
The woman`s husband was examined by the court twice and it was observed that he could answer all the questions without any hesitation and also behaved normally.
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