VALMIKI J. MEHTA, J.

CM Appl. No. 38285/2017 (exemption)

Exemption allowed, subject to all just exceptions.

Application stands disposed of.

FAO No. 411/2017

1. This first appeal is filed under Order XLIII Rule 1 CPC impugning the judgment of the trial court dated 9.6.2017 by which the trial court has dismissed the petition filed by the appellant under the Mental Health Act, 1987 (hereinafter referred to as ‘the Act’) for appointment of the appellant as the guardian to take care of the person and property of Sh. Binu Seth. Sh. Binu Seth is the husband of the appellant and is living with the respondent nos. 2 & 3 who are the mother and brother of Sh. Binu Seth. Sh. Binu Seth has been arrayed as respondent no. 1 in this appeal.

2. The facts of the case are that the appellant filed the subject petition in the court below praying for relief of holding judicial inquisition quamental condition of her husband Sh. Binu Seth/respondent no. 1 and for further prayer of the appointment of the appellant as the guardian of the person and properties of Sh. Binu Seth. Effectively, the reliefs when read holistically would mean that the appellant pleads that the respondent no.1 is a mentally ill