Chitter Lekha vs General Public - 2023 Supreme(HP) 392

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 392

SANDEEP SHARMA
Chitter Lekha – Appellant
Versus
General Public – Respondent

Advocates Appeared:
For the Petitioner:Mr. G.D. Verma, Senior Advocate with Mr. Hitesh Thakur.
For the Respondents:Mr. Mohit Sharma, Advocate vice Mr. Vishal Bindra, Mr. Lovneesh Kanwar, Senior Advocate with Mr. Tek Chand.

JUDGMENT :

Sandeep Sharma, J.

Instant appeal filed under S.76 of Mental Health Act, 1987 (hereinafter, ‘Act’), lays challenge to judgment dated 30.6.2017, passed by learned District Judge, Sirmaur District at Nahan, Himachal Pradesh in petition No. 1-G&W/2 of 2016/13, preferred by the petitioner/appellant (hereinafter, ‘appellant’) under Ss. 53 and 54 of the Act, seeking therein to appoint her as a legal guardian in respect of Ms. Usha, allegedly a person of unsound mind.

2. Precisely, the facts of the case, as emerge from the record, are that the appellant herein filed an application under Ss.53 and 54 of Act, praying therein to appoint her as a legal guardian in respect of Ms. Usha Devi, a person of mentally unsound mind and further permit her to operate and open savings bank account in the name of Usha as her guardian as per law for the benefit of person of unsound mind.

3. Aforesaid prayer made on behalf of the appellant came to be seriously opposed by the respondents namely Tejaswi Singh, Usha widow of Shiv Raj and Smt. Roop Lekha, who are related to Usha, person of unsound mind. Since no cogent and convincing evidence ever came to be placed on record qua mental illness of Ms. Ush