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This is an archive article published on April 25, 2014
Woman’s plea to manage property of ‘mentally ill’ husband rejected
In her petition, she had claimed that the man is suffering from a mental disorder and is incapable of making an intelligent decision.
A Delhi court dismissed a woman’s plea to be declared the guardian of her husband’s property on the grounds that he is suffering from a mental disorder.
Additional District Judge Sunil Rana rejected the woman’s petition saying it was not maintainable under the Mental Health Act. The court also observed that the man had behaved normally during his examination before the court and had answered all questions.
“In these circumstances, by no stretch of imagination, can it be said that the allegedly mentally ill person is not in a capacity to manage himself and his affairs. Hence, this court is of the opinion that the present petition is not maintainable under the Mental Health Act,” the court said.
The woman had approached the court saying she had married the man in 2002, and was living with him till May 1, 2011, after which her in-laws had forced her and her son to leave the house.
In her petition, she had claimed that the man “is suffering from a mental disorder and is incapable of making an intelligent decision and his share in the property is going to be usurped by his mother and younger brother… the man needs medical treatment and is in dire need of an appointment of a guardian to take care of his person and to manage his share in the property”.
The man’s mother and brother, however, submitted before the judge that the man was living with them and was not suffering from any mental illness. They also requested the court to examine him.
The husband was examined by the court twice and it was observed that he could answer all questions without any hesitation and also behaved normally.
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