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Court denies guardianship of mentally ill husband to wife

Posted on Apr 24 2014 | IANS

New Delhi, April 24 : A court here has turned down a woman's plea for guardianship of her "mentally ill" husband to manage his properties.

Additional District Judge Sunil Rana quashed the woman's petition and said 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.

"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 court passed the order last week and it was released Thursday.

The court was hearing the woman's plea stating she married the man in 2002 and was living with him in northeast Delhi till May 1, 2011. Later, she left her matrimonial house with her minor son after being forced out by her in-laws.

After her father-in-law's death, the property belonging to the family came to her husband, she stated.

Alleging that her mother-in-law and younger brother-in-law wanted to take over the property, she requested court to appoint her as the guardian of her husband and said he was suffering from "mental disorder and was incapable of making wise decisions and he needed medical treatment."

It was denied by the woman's in-laws. They pleaded the woman's husband be medically examined.

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