The main legal point established in the judgment is that the provisions of the Guardians and Wards Act, 1980 and the Mental Health Act, 1987 cannot be invoked for the guardianship of a mentally retarded person who is not a minor, and instead, the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 provides the legal framework for appointing a guardian to a person with disability, including mental retardation.

1. With the consent of the parties, the present appeal is taken up for final disposal at admission stage.

2. The appellant has challenged the order passed by the learned District Judge-II, Bhusaval, on 2nd of April, 2016, in Civil Miscellaneous Application No.67/2015. The aforesaid Miscellaneous Application was filed by the present respondent no.2 under Section 39 of the Guardians and Wards Act, 1980, seeking cancellation of the guardianship of the present appellant as a guardian of Kum. Champavati Damu Patil i.e. present respondent no.1. In the aforesaid application, present respondent no.2 had also prayed for appointing him as a guardian of respondent no.1 Kum. Champavati under Section 8 read with Section 10 of the Guardians and Wards Act, 1980. The learned District Judge has allowed the aforesaid application. Aggrieved thereby, the present appeal is filed.

3. When this appeal was taken up for hearing, apparently, it was noticed by this Court that no orders could have been passed in the present matter under the provisions of the Guardians and Wards Act, 1980 in view of the fact that Kum. Champavati Damu Patil whose guardianship was sought in the aforesaid application is admittedly of the age of 47 and cannot be said to be a minor so as to invoke the provisions of Guardianship and Wards Act, 1980.

4. On perusal of the material on record, it is further revealed that earlier also, the present appellant had preferred such application under the provisions of Guardians and Wards Act, 1980, bearing Miscellaneous Civil Application No.12/2008, and the Ad-hoc District Judge-II, Jalgaon, had allowed the said application and appointed the present appellant as guardian of present respondent no.1.

5. As is revealing from the pleadings of the parties, Kum. Champavati Damu Patil is a mentally retarded person and is aged about 47 years. In view of the fact that Kum. Champavati is not a minor, in any case, the provisions of the Guardians and Wards Act could not have been invoked in making the appointment for her guardianship. Similarly, the provisions of the Mental Health Act also could not have been made applicable in the present case for the reason that Kum. Champavati, whose guardianship was sought in the applications concerned, will not fall within the definition of `mentally ill person' as mental retardation stands excluded from the provisions of Mental Health Act, 1987. Section 2(L) of the Mental Health Act, 1987, defines `mentally ill person' as follows:

"(l) mentally ill person means a person who is in need of treatment by reason of any mental disorder other than mental retardation."

It is, thus, evident that both the Courts have manifestly erred in entertaining the applications, seeking guardianship of Kum. Champavati, under the provisions of Guardians and Wards Act, 1980, coupled with the provisions of the Mental Health Act, 1987. Both the orders are, therefore, un-sustainable and deserve to be quashed and set aside.

6. Mental retardation means a condition of arrested or incomplete development of mind of a person which is specially characterized by sub-normality of intelligence. A special Act has been enacted by Parliament to provide for constitution of a body at the national level for welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities and for matters connected therewith or incidental thereto, called as "The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999" (hereinafter referred to as `Act No. 44 of 1999'). The said Act provides for appointment of a guardian to a person with disability as defined under Section 2(j) of the said Act which includes a person suffering from any of the conditions relating to autism, cerebral palsy, mental retardation or a combination of any two, and it reads as follows:

"(j) “persons with disability” means a person suffering from any of the conditions relating to autism, cerebral palsy, men