LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ashish M (Chartered Accountant)     24 September 2008

How to disown somebody??

 

                    I hve a friend who is Psychic in nature......He used to talk about aliens, says he has execptional powers to know in advance the future and also claims to hve known various aftermaths in advance dat happened reently (fool and psychic).

He sits at home, do nothing and used to harshly beat his father who runs an ailing business and his sister who works day and night........make big talks and do nothing but abuse them and beat them.........

they hve got enough of it and now wants to disown him.........

they tried to send him to the mental hospital but it says that he first has to be brought to the hospital which is in no way possible as his father is too old to control him and a sister only.........

police is also several times reported but it comes at home, say him a word or two and goes........which don't hve any affect and he do everything with impunity.........

kud u pls tell me the procedure to dis-own him without any long legal hassels and the rights getting vested with the family thereof........

and also any way if not above, how to sent him to the mental asylum,

pls help.....

 



Learning

 5 Replies

sangram (service)     24 September 2008

 The psychiatrits may play a major role in this

Guest (n/a)     24 September 2008

Approach any lawyer and and as per the provisions of the Criminal Procedure Code he will obtain a Magistrate's Order of puttin him in an asylum.

K.C.Suresh (Advocate)     26 September 2008

All ready answered for the same querry with another title


(Guest)

@rajan salvi 

Approach any lawyer and and as per the provisions of the Criminal Procedure Code he will obtain a Magistrate's Order of puttin him in an asylum.

In which section ?

Adv. Chandrasekhar (Advocate)     18 June 2011

go through Mental Health Act, 1987.

Section 20 sub section(3) is relevant.

You have to take reception order from the Metropolitan Magistrate (MM) to send him to mental asylum or nursing home.  For that his father has to move an application before the MM supported by two medical certificates out of which at least one from the doctor working in Government hospital showing that he is mentally ill and required to be restrained and treated as in-patient.  On receipt of the application, the magistrate after getting satisfied gives the orders for confining the patient and put him in mental asylum.

Under Section 23, there is one other method.  The SHO takes the custody of the patient and presents him before the magistrate with an application to put the patient in mental asylum.  Then the magistrate first refers him to medical examiner and after receiving the report, gives the appropriate direction. 

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query