Sag ih Family Court C.R. No 229 [-ar9 BV Sting IN THE COURT OF THE PRL. JUDGE FAMILY COURT, DHARWAD, AT: DHARWAD B.Com, LL.B(Spl), rst 0 ! Pri. Judge, Family Court, ye 2612 bee Dharwad. —— PRESENT: Smt.Savithri..Kujji, fer poy e216? G & WNo.1/2020 Dated on this the 19" day of February, 2020 Petitioner: Vijaykumar S/o.Ashok Katti, Age : 26 years, Occ: Nil, R/o.Sarovar Nagar, 1* Main Road, Dharwad. Since he is unsound mind r/by his own sister Shridevi D/o.Ashok Katti, Age : 36 years, Occ: Nil, R/o.Sarovarnagar, 1* Main Road, Dharwad. (Sri.P.T-Areguli, Advocate) vis Respondent: -Nil- Date of petition : 06-01-2020 Date of order: 19-02-2020 ORDER This petition is filed by the petitioner through his next friend U/sec.7 to 10 and 29 of the Guardian and Wards Act My yipberoG & WNo.1/20 seeking for issue of guardian certificate in the name of the sister of the petitioner. 2. The brief facts leading to the petitioner’s case are summarized as under: ‘That the petitioner by name Vijaykumar $/O:Ashok Katti is said to be suffering from schizophrenia which is incurable disease and he is under the care and custody of his sister Smt.Shridevi Kati. It is further stated that their parents are also no more as their father was died on 8-9-1999 and their mother was also died on 30-11-2015 and as such the petitioner being suffering from the above said disease and of unsoundness of mind is said to be under the care and custody of his sister named above. It is further stated that except the present application there are no applications pending for appointment of anyone as his guardian and even the petitioner-sister said to have no adverse interest against the present petitioner. It is further stated that the applicant being the younger sister of the petitioner and the only nearest relative and an educated person she is capable of maintaining the petitioner and his family. It is further stated that except the present petitioner and the applicant there are no other children to their parents. It is further stated that the mother of the petitioners was working as a teacher in K.E.Board school, Dharwad and as she is no more SE aS eremeubicant is required to be appointed as the guardian of the A Sh \ \ ‘ §4bloeG & WNo.1/20 petitioner in order to get the death benefits of their mother. It is further stated that since it is difficult to maintain the day today expenses of the petitioner it has become essential to seek the monetary benefits from the government and other private organizations and hence the petition. 3. After registration of the petition a public notice was got issued in this case inviting objections if any from the general public. However inspite of issue of public notice nobody has appeared in this case to challenge or answer the claim of the petitioners. 4, To substantiate her case the applicant has deposed before the court as P.W.1 and she has examined three witnesses as P.W.2 to P.W.4 in support of her claim and got marked 5 documents from Ex.P.1 to P.5S. 5. The counsel for the petitioner submitted that his arguments may be treated as heard. On perusal of the materials and evidence on record, the following points arise for my consideration : 1. Whether the applicant proves that the petitioner being a person of unsound mind and, suffering from schizophrenia, he is required to be represented by her and as such has no adverse interest against the fa aa Seiten? : Sy i Hy anhG & WNo.1/20 2. Whether she further proves that to meet the day today expenses of herself and the petitioner she is required to obtain guardian certificate to represent the petitioner ? 3, Whether the applicant is entitled to seek the petition relief ? 4. What order ? 6. My findings on the above points are as under; Point No.1: In the affirmative, Point No.2: Inthe affirmative, Point No.3: In the affirmative, Point No.4: As per final order for the following : REASONS 7. Point No.1_to 3: Since all these points are interconnected, they are tried together to avoid repetition of facts. It is the specific case made out by the applicant on behalf of the petitioner that she is the own sister of the petitioner who is suffering from Schizophrenia and is not in a position to represent his case. According to her case as their parents are no more and the petitioner has nobody except the applicant to look after him, she is required to be appointed as his guardian in order to deal with the monetary issues. It is urged that their mother deceased Kumudini Katti who died on 30-11-2015 was bey rheG & WNo.1/20 working as a teacher in K.E.Board school Dharwad and after her death now her death/service benefits are required to be disbursed to her legal heirs who are the present petitioner and the applicant and also in order to obtain the government benefits, the applicant is required to obtain a guardianship certificate on behalf of the petitioner who is suffering from mental illness. 8. As I have stated above, inspite of service of public notice in this case nobody has appeared to challenge or answer the claim of the petitioner. However to substantiate their case the applicant has deposed before the court as P.W.1 and she has relied on 5 documents marked from Ex.P.1 to P.5. She has also relied on the testimony of 3 independent witnesses who are examined as P.W.2 to 4. As regards Ex.P.1, it is the death extract of their mother Kumudini Katti, Ex.P.2 is the heir-ship certificate of their deceased father Ashok Katti which shows that he had died leaving behind him his wife Kumudini, the present petitioner and the applicant as his sole legal heirs. This document which is issued by the competent government authority will have to be relied on in the absence of any objection from anybody. Thus from this document it is now prima-facie proved that except the present petitioner and applicant the deceased Ashok Katti has no other legal heirs Mo bbe6 G & WNo.1/20 after the death of their mother PW1 and the petitioner are the sole legal heirs to succeed to the estate of their parents. 9. P.W.1 has also produced the medical certificate of the petitioner at Ex.P.3 which shows that he has been under treatment in DIMHANS from 4-2-2019 till the date and it is issued by the concerned Psychiatrist i.e. P.W.2 who is presently treating the petitioner. As per Ex.P.4 newspaper P.W.1 got issued public notice calling upon the general public to answer their claim. As regards Ex.P.5, it is the clinical notes prepared by the doctor at DIMHANS pertaining to the treatment of the petitioner. This document once again goes to show that the petitioner has been under the regular medication in DIMHANS. All these documents are the prima-facie records to prove the mental illness of the petitioner. It is further to be noted that this claim of the applicant has remained unchallenged by anybody as nobody has appeared in this case to controvert their claim. 10. To further substantiate the issue regarding the mental illness of the petitioner, P.W.1 has examined the said doctor as P.W.2 who has deposed before the court by stating that he had treated the petitioner in their hospital and he has also identified Ex.P.3 and P.5 medical records for having issued the same with regard to his treatment. According to P.W.2 the petitioner has been suffering from a mental illness called ~ Sthizophrenia and on his medical examination it is revealed —<G & WNo.1/20 that his mental status will not be stable and most of the times such patients would be behaving in abnormal way and their mental status will be varying. In the absence of any contra materials as against the medical records issued by P.W.2 and with regard to his testimony the evidence of this witness will have to be relied on to come to the conclusion that the petitioner is suffering from some amount of mental illness due to which his mental status is not said to be stable and constant. Under such circumstances as has been rightly urged by the applicant, the petitioner will not be in a position to deal with any matters or any legal aspects independently. 11. P.Ws.3 and 4 are also examined in support of the claim of the applicant and P.W.3 is said to be acquainted with the petitioner who is said to be residing opposite to the petitioner's house and she has also deposed that the petitioner is suffering from mental illness and after the death of his parents now he is under the care and custody of P.W.1. This fact is further fortified by the evidence of P.W.4 who is said to be the landlord in whose house the petitioner and P.W.1 are said to be residing as tenants since last 20 years and even he has reiterated about the mental illness of the petitioner and the fact that he is being taken care of by P.W.1. The testimony of PWs.1 to;has: renyained uncontroverted in this case and therefore this / urt does not find any reasons to disbelieve their version. see } hr Lay? ALG & WNo.1/20 12. From the evidence on record as well as from the available medical evidence now it is clearly established that the petitioner, on account of his mental illness, is not in a position to deal with any legal aspects as well as the monetary issues. The fact that he is under the care and custody of P.W.1 is also proved from the evidence on record. The fact that she is the own sister of the petitioner is also proved from the available evidence. Under such circumstances she would be the competent and proper person to look after the welfare of the petitioner and also to deal with the monetary issues for herself and on behalf of the petitioner which would be certainly in the better interest of the petitioner. From the evidence it is also revealed that she has not got any adverse interest against the petitioner. Therefore viewed from any angle it could safely be held that the applicant has made out the reasonable grounds to seek for the petition relief and hence all these points are answered in favour of the applicant in the affirmative. 13. Point No.4: In the light of the findings given on the above points and considering the facts of the case, there shall be no order as to costs. Accordingly, I hereby proceed to pass the following: IRDER The petition filed by the applicant on behalf ~of the petitioner U/secs.7 to 10 and 29 of the og WebbG& WNo.1/20 Guardian and Wards Act is hereby allowed. The applicant Smt.Shridevi D/O:Ashok Katti is hereby appointed as the guardian of the petitioner Vijaykumar S/O:Ashok Katti and she is also held entitled to deal with the monetary issues in the name of the petitioner in his better interest and also for his welfare. However the applicant is directed to act as the guardian of the petitioner only for the purpose which is urged in the petition and has to further submit the periodical report before this court with regard to the utilization of the amount if any for the petitioner. No order as to costs. (Dictated to the Stenographer, script typed by her, corrected, initialed and then pronounced in the open court by me on this the 19” day of February, 2020) hq bby S (Smt. Savithri.S.Kujji) f Pri.Judge Family Court, | Dharwad. Sees oi, EXURE 1. List ofi it half of the petitioners: P.W.1 : Shridevi Katti PW.2 : DrAditya Pandurangi ig ae”10 G & WNo.1/20 P.W.3 — : Savita Salunke P.W.4 —: Ashok Desai 2. List of docume arked on behalf of etitioners: Expt : Death certificate of their mother Ex.P.2 : Heirship certificate i to Ex.P.3 : Medical certificate P Ex.P.4 : Newspaper Ex.P.4(a) _: Relevant portion of publication Be) : Medical records . 3. List of witnesses ines behalf of th jondent : —Nil- 4. List of documents marked on behalf of the respondent : -Nil- Pri.Judge, Plier Dharwad. e CoPy”