G. S. KULKARNI, FIRDOSH P. POONIWALLA
Janaki Suresh – Appellant
Versus
Union of India Through the Secretary, Woman and Child Welfar, Through office of Law & Justice – Respondent
JUDGMENT :
G.S. Kulkarni, J.
1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
2. This Petition, under Article 226 of the Constitution of India, is filed praying for the relief that the Petitioner-Mrs. Janaki Suresh be declared as the legal Guardian of Mr. Suresh Subramanian Iyer (for short “Mr. Iyer”), who is in comatose condition, and for other consequential reliefs in the nature of direction to the Respondents as also all the concerned Banks, Depository, Financial Institutions to allow the Petitioner to operate/ represent the affairs of Mr. Iyer.
3. The case of the Petitioner as set out in the Petition is that the Petitioner got married to Mr. Iyer on 9th September 1996. It is stated that they have three children, namely, Osho Suresh born on 26th August 1998, Ponni Suresh born on 3rd June, 2000 and Sachi Suresh born on 27th November 2007. The Petitioner has stated that the mother-in-law of the Petitioner, Mrs. Savithri Subramanian, is 78 years old and is currently residing in Thane. The Petitioner has annexed photocopies of her Aadhar Card and als
Point of law: It shall be the duty of the petitioner – guardian to meet the obligations/duties similar to those as described under Section 15 and to maintain and submit the accounts similar to those ....
The court established that it can act as parens patriae to appoint a guardian for a comatose patient when no legislative provisions exist.
The court exercises parens patriae jurisdiction under Article 226 to appoint a guardian for a comatose individual, highlighting the absence of specific legislation for such cases.
The appointment of a limited guardian and a nominated representative for a patient suffering from advanced Alzheimer's disease under the relevant provisions of the Rights of Persons with Disabilities....
Old/sick/incapacitated bank customers - Person who would be entitled to operate his bank account and can be appointed as guardian to the person.
The Court can appoint a guardian for an individual in a comatose state under Article 226 of the Constitution, acting as parens patriae to protect the individual's interests.
The court reaffirmed the principle that guardianship for mentally ill persons should prioritize family relationships, allowing spouses and immediate relatives to jointly manage health and financial a....
The court exercises parens patriae jurisdiction to appoint a guardian for an individual in a vegetative state due to inadequate legal provisions.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.