1. This Original Petition is filed under Order 1 Rule 9 of the O.S. Rules read with Section 53 of the Mental Health Act 1987 praying to appoint the petitioner as Guardian and Manager of the mentally ill person, namely, her husband Mr. Arunkumar K. Balakrishnan till he recovers from his mental illness.

2. The wife of Arunkumar K. Balakrishnan has filed this petition to appoint her as guardian in terms of Section 53 of the Mental Health Act in respect of her husband, who is said to be a mentally ill person.

3. The brief facts of the case are as follows:-

Thiru Arunkumar K. Balakrishnan and the petitioner were married on 25.9.1995. It is stated that two minor children by names Hari Balakrishnan and Niranjana were born in wedlock. The said Arunkumar K. Balakrishnan was employed as Special Investigation Officer in M/s. ABB Transmission & Distribution Limited, Abu Dhabi. His normal work place is at Abu Dhabi, UAE. In September 2012, Arunkumar K. Balakrishnan fell sick and was diagnosed as suffering from Subarachnoid Hemorrhage due to rupture of ACOM aneurysm and was admitted at Apollo Speciality Hospital, Chennai for Neuro Care by Neurosurgeon. He is being treated by Dr. M.Balamurugan, senior consultant Neurosurgeon and he has undergone two major neuro surgeries.

4. According to the petitioner, the said Arunkumar K.Balakrishnan is unable to take any decision or sign any legal document consequent to the sickness that he has undergone and inspite of best medical efforts, he is unable to get over the illness. When the petitioner contacted the Doctor concerned, he opined that the clinic and mental status of the Arunkumar K.Balakrishnan is weakening and he is not in a position to take decision or sign any legal document. In view of the said peculiar situation, the wife, who is unable to wind-up the operation in Dubai and also facing difficulty in surrendering the house and settling the movables, including the car at Abu Dhabi, has now approached this Court to appoint her as the Guardian of the mentally ill-person Arunkumar K. Balakrishnan, the husband, by filing the present Original Petition. In support of the Original Petition, the Certificate of Marriage dated 10.11.1995 is filed as Document No.1.

5. Heard Mr. AR.L. Sundaresan, the learned senior counsel representing Mrs. AL.Ganthimathi, learned counsel appearing for the petitioner.

6. Considering the averments made in the Original Petition and the arguments made by the learned counsel for the petitioner, the points that arise for consideration are as follows:-

(1) Whether the person by name, Arunkumar K.Balakrishnan is in fact mentally ill or not?

(2) Where the alleged mentally ill person Arunkumar K.Balakrishnan is incapable of taking care of himself and of managing his property as stated by the petitioner?

(3) To what relief?

7. Point Nos.1 and 2:- Clause 2 of Section 50 of the Mental Health Act enables the Court to call for a report concerning the mentally ill person. Clause 4 of Section 50 of the Act provides for holding of an inquisition by appointing two or more persons to act as assessors.

8. In this case, this Court on 7.2.2013 has passed the following order to call for a report from the Apollo Speciality Hospital.

"Registry is directed to call for the report from the Apollo Speciality Hospital, Padma Complex, 320 Anna Salai, Chennai-600 035, wherein the alleged mentally ill person/ petitioner's husband is taking treatment by 18.2.2013.

2. Learned counsel for the petitioner is directed to effect paper publication in one issue of Tamil Daily 'Makkal Kural' of Chennai Edition calling for the objections if any. Publication shall be effected on or before 11.2.2013 and the objections, if any, shall be filed in Court on or before 18.2.2013.

3. For the appearance of objectors if any, call on 18.2.2013."

9. As per the direction of this Court as above, paper publication in one issue of Tamil Daily “Makkal Kural” of Chennai Edition calling for the objections if any was effected