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Mental health assessment

(Querist) 02 May 2023 This query is : Resolved 
My mother's sister has been staying with us for the past 50 years. She is unmarried and 75 years old. Recently she left our house and started staying with a lady(40 years old) who is completely unrelated to our family. My mother's sister was showing some signs of mental issues before leaving our house. We had many times tried to get her examined by a psychiatrist before she left our house but she was not ready to co-operate with us. She was taking some anti-depressant medicine before leaving our house. We believe that she is suffering from some mental illness that is the reason she left our house. The lady with whom she is living is now interested in grabbing land in her name and she will definitely leave my mother's sister to the streets after grabbing her properties. This lady was not allowing us to see our aunty.

We approached Chief Judicial Magistrate in my district and filed an application under section 101(3) of mental health care act and Magistrate ordered for mental health assessment of my aunty. But this lady is not willing to take her for assessment as ordered by CJM. She informed the CJM she is filing an appeal against the order of CJM for mental health assessment.

My doubt is whether she can file an appeal in the District court or appeal lies only in High court..

Sudhir Kumar, Advocate (Expert) 03 May 2023
you defend that appeal.

merits of the case can be commented on lhe on perusal of the order of CJM
Nidhin M (Querist) 03 May 2023
The order of the CJM is under section 102 of mental health care act 2017 for assessment and treatment....My doubt is whether she can file an appeal in the District court or appeal lies only in High court....?

T. Kalaiselvan, Advocate (Expert) 03 May 2023
She can prefer an appeal before the district sessions court itself if it was a final order/judgment, however if it was an interim order and in the form of interlocutory then she may have to prefer a revision against it before high court.
Nidhin M (Querist) 03 May 2023
Thanks for the valuable response...
The order of the CJM seems interim.He ordered mental health assessment under section 102 of the mental health care act. He orally told that once the assessment is over and if the doctor found any mental disease, he will order for treatment.

Sudhir Kumar, Advocate (Expert) 16 May 2023
for coming to concerted opinion the need to see paper .

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