Process of getting mentally ill person declared as person of Unsound Mind

5 years ago

How to prove if a person is mentally ill so as to admit him in mental health institute and also to restrain him from signing documents that are prejudicial to his interest as well as interest of family, especially when he is not willing to(As per Indian law)?

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client kindly go through the provision of mental health act and file application before court.take patient to concerned doctor and submit doctor treatment report into court.

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ROBERT D ROZARIO

Responded 5 years ago

A.Nothing more to be added, Advocate Shanti had advised you well. In addition to that as per Indian Contract Act, 1872, any person of sound mind can make a contract. Section 12 of the Act stipulates that a person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interest. A person, who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A person, who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind. It means a PMI who is currently free of the psychotic symptoms can make a contract, whereas a person who is currently intoxicated or delirious cannot make a contract.

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Lovepreet Singh

Replied 5 years ago

Thank You sir .

ARPIT BATRA

Responded 5 years ago

A.You can invoke provisions of Mental Health Act and file a petition before the concerned Distict & Sessions Judge

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Ambrose Leo

Responded 5 years ago

A.You can not prove any person mentally ill or unsound of mind, Only the designated authority under the law can declare,you have to contact a Civil Professional Lawyer from panel of Vidhikarya quickly.

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Vishwabandhu

Responded 5 years ago

A.Dear client Tell me what is your relation to that person ? Why r u interested in the case ? How can u say that he is mentally mad ?

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Lovepreet Singh

Replied 5 years ago

Dear sir that person is my father. After every 2 years he suffer through a disorder which completly change his personality. Around 5 months before he was good at everything ( Being Husband,Father) but now after 5 months he is worse at everything also with the passage of time his attitute and behaviour is geting progressively worse. I'm yet a student and my mother has taken my and my sister's responsibility for more than 10 years when he(father)denied to work. till the time she is working in a factory as worker. Around 1 year before he started working in a factory when his mind came to normal state. But around 3 months ago he left work and started a karyana shop at home and started asking(threatening) for money from mother and if she will not give money he will sell our house.
In last month he met an accident at home and somehow got his leg fratured we have taken care of his to recover but due to ahort temper when ever any member of my family say 'No' for any of his un-necessary demands he call ambulance and go to civil hospital and threat us to file FIR against us that we broke his leg.

Kishan Dutt Kalaskar

Responded 5 years ago

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A.As suggested below

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Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
There is a Law in India called " The Mental Health Care Act,2017 ". Chapter II describes Mental Illness and capacity to make Mental Health care and Treatment decisions.
If you think some of the members of your family having some problem of mental illness, then take him/her to the District Head Quarter Hospital where you will get the Service of a Doctor specialized in Mental Health/Psychiatric.
In any Medical College you will also get a Professor.The hospital further refers to a Regional Specialised Institutions .For example the patients from Odisha are referred to Govt of India run institute ( Training,Reserach and Service Centre) in Kanke,Ranchi, now in Jharkhand or some cases to NIMHANS, Bangalore.
It is always a Team of Doctors who decides and prescribes medicines and keep in the Mental Hospital.The duration varies from case to case depending upon the severity of the case.
The mental health status is declared by the Doctor.
Part-II
If you are apprehending something wrong is going to happen, in that case put an Advertisement in the NewsPaper along with a Photograph so that your property will not be tempered.
Shanti Ranjan Behera, Advocate

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Lovepreet Singh

Replied 5 years ago

Thank You Sir..

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