This is an application under s 3 of the Mental Disorders and Treatment Act (Cap 178, 1985 Ed) for an order directing an inquiry for the purposes of determining whether the subject person, Mdm Kishen Kaur (hereinafter called 'the patient') who is also the wife of the respondent, is or is not of unsound mind and incapable of managing herself and her affairs.

This application is initiated by three of the children of the patient and is opposed by the respondent and five other children of hers. Pursuant to an application by summons-in-chambers, I granted an order giving liberty to the patient to intervene by her solicitors. Let me first set out some pertinent background.

There is no doubt a deep division within the respondent's family, with the three applicants on the one side and the respondent and the other five children on the other. The conflict appears to exist in 1974, if not earlier. The animosity between the two sides is so intense that on 16 June 1988 the first and second applicants placed a notice in The Straits Times renouncing the respondent as their father.

While it is not entirely clear why the dispute came to a head in 1985, it seems to concern the mother who, the applicants alleged, has been mistreated by the respondent. The applicants say that the respondent assaulted and abused their mother from the sixties until the mid-seventies because of the respondent's allegedly illicit relationship with another woman. Because of the alleged abuse the mother suffered mental anguish which led to schizophrenia.

It is not disputed that the patient was brought by Mr Harbajan Singh, a son, to see Dr Paul Ngui, a consultant psychiatrist, on 25 August 1973. Dr Ngui was told that the patient was not mentally well in the previous four years; she was withdrawn, complained of being persecuted and behaved abnormally like talking to herself and laughing or smiling without apparent reason. She was seen by Dr Ngui irregularly until 1976 when she failed to turn up. She was diagnosed as suffering from schizophrenia and treated with neuroleptic drugs. In those few years, because of the irregularity in follow-up and default in treatment, it would appear that the patient made very little progress and did not improve in her mental state.

After a lapse of nine years, the patient was, on 9 September 1985, brought by the first and second applicants to see Dr Ngui for a psychiatric review. He was of the opinion that the patient's mental state had become worse since he last saw her in 1976 and there was a definite deterioration in her personality. Dr Ngui's detailed opinion is set out in his report dated 19 September 1985.

During that month of September 1985, there were numerous incidents between the parties so much so that the police had to be brought in. This led to an agreement (hereinafter called 'the first agreement') reached between the parties, which was recorded in a police report made on 21 September 1985. In accordance therewith the respondent agreed:

(a) to be responsible for psychiatric care and expenses for Kishen Kaur and to ensure attendances regularly. The parties agree to see Dr Nagulendran;

(b) to continue Kishen Kaur's attendance on Dr Ong Swee Law and to be responsible for expenses hitherto;

(c) to employ and be responsible for expenses of a full-time Filipino maid;

(d) to contribute a minimum sum of $1,000 per month. The sum to be banked into the savings account of Kishen Kaur. Harbajan Singh and Sarjit Kaur to be joint signatories of the account. That Sarjit and Harmohan agree to provide for Kishen Kaur but will not stipulate minimum sum;

(e) to allow all family members (the children) and in-laws complete access to Kishen Kaur. To allow them to take her on outings and to allow them to have Kishen Kaur to stay with them sometimes; and

(f) that 38E Jervois Road will not be given or willed away to a person who is not a member of the family. 'Family' for this particular purpose is defined as including only Harbajan