"The petitioner (woman) is none else but the real sister of the mentally ill person (her brother) and there is nothing on record to show that she had any interest adverse to that of the mentally ill person," District Judge A K Chawla said.
The court also directed the woman to file the list of pension claim, which her brother will receive, before it for further directions for its proper utilisation for the welfare of her brother.
The woman, a resident of Pitampura here, after the death of her parents had moved the court seeking to be appointed as the guardian of her mentally ill brother, suffering from "moderate mental retardation to the extent of 75 percent."
The woman, employed as a clerk with the MCD, in her plea, had said her brother was not in a position to manage his affairs personally nor was he able to earn his livelihood.
She had said her father was working with Haryana Police and after his death, his retirement pension was given to her mother who also died last year.
"After the demise of the mother, her mentally-ill brother was entitled to the family pension, but on account of his sickness, he was unable to collect the financial benefits under the said family pension," she said while seeking her appointment as her brother's guardian to manage his affairs.
In its order, the court said the depositions of the woman and the doctor leave no doubt that 'the mentally ill person' was not in a position to manage his affairs.
"The petition is allowed and the petitioner is appointed guardian to manage the affairs of pension claim of the 'the