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2014 Supreme(All) 3021

RAM SURAT RAM (MAURYA)
Shivbaran Lal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Nisha Srivastava and Surendra Kumar
For Respondents/Defendant: C.S.C.

JUDGMENT

Ram Surat Ram (Maurya), J.

1. Heard Nisha Srivastava for the petitioners. The writ petition has been filed against the order of Additional District Judge dated 2.8.2012 by which he has directed to the Chief Medical Officer to issue a certificate that petitioner-2 is insane person.

2. Petitioner-1 filed an application (registered as Misc. Case No. 523 of 2011) under the Mental Health Act, 1987 for appointment of guardian of Kumkum, petitioner-2 (suffering from mental illness). In the application it has been stated that Kumkum, petitioner-2 was suffering from mental illness, carrying disability of about 75% and she is unable to take care of herself as well as her properties. Under the Government Order No. Sa-3-1155/10-2-81 dated 6.8.1981 a family pension has been released by State of U.P. to the physically challenged and mentally ill persons. Petitioner-2 was entitled for the same pension under the Government Order. In such circumstances, petitiorier-1 be appointed as guardian of petitioner-2. In support of the application, petitioner-1 also submitted medical certificate issued by Chief Medical Officer, Barabanki dated 27.11.2010 in which it has been mentioned that petitioner-2





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