1 2026:CGHC:18265 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 182 of 2025 1 - Smt. Karun Lata Soni W/o Bhupendra Kumar Soni Aged About 65 Years R/o Rest House Chowk, Tahsil And Thana Bemetara, Bemetara, District Bemetara Chhattisgarh 2 - Bhupendra Kumar Soni Aged About 70 Years R/o Rest House Chowk, Bemetara, District Bemetara Chhattisgarh Weak Mind, Guardian (Through) Wife Karun Lata Soni W/o Bhupendra Kumar Soni, Aged About 65 Years, R/o Rest House Chowk, Tahsil And Thana Bemetara, District Bemetara Chhattisgarh ... Appellants versus 1 - Smt. Umisha Soni W/o Sunil Kumar Soni Aged About 47 Years R/o Village Borasi, District Durg Chhattisgarh 2 - Nitin Kumar Soni S/o Bhupendra Kumar Soni Aged About 45 Years R/o Rest House Chowk, Bemetara, District Bemetara Chhattisgarh 3 - Nikhil Kumar Soni S/o Bhupendra Kumar Soni Aged About 41 Years R/o Rest House Chowk, Bemetara, District Bemetara Chhattisgarh 4 - General Public 5 - State Of Chhattisgarh Through Collector, Bemetara, District Bemetara Chhattisgarh ... Respondents (Cause title is taken from CIS) For Appellants : Mr. Goutam Khetrapal, Advocate For Respondents No.1 to 3 : Mr. Aman Tamrakar, Advocate For Respondent/State : Mr. Anand Gupta, Dy.G.A. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.04.24 10:31:17 +0530 2 (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 22/04/2026 1. The appellants have preferred the present appeal under Section 76 of the Mental Health Act, 1987 being aggrieved by the order dated 30/07/2025 passed by the learned Motor Accident Claims Tribunal, Bemetara, C.G. whereby the application under Section 52 of the Mental Health Act, 1987 seeking appointment of legal guardian for appellant No.2 has been rejected. 2. Learned counsel for the appellants fairly submits that though the proceedings before the District Judge was filed under Section 52 of the Mental Health Act, 1987, but presently the said Act of 1987 has already been repealed and the new Mental Healthcare Act, 2017 has come into existence. Learned counsel prays that he may be permitted to file a fresh application before the competent Court/Authority/Board under the Mental Healthcare Act, 2017. 3. In view of the above submission and after due consideration, prayer is allowed with the liberty as prayed for. 4. Accordingly, the present appeal is disposed of with the aforesaid liberty. SD/- (Bibhu Datta Guru) Judge Amardeep