Back
SUNIL B. SHUKRE, FIRDOSH P. POONIWALLA
Anushka Rajiv Mohite – Appellant
Versus
Union of India – Respondent
JUDGMENT/ORDER
1. Heard learned Counsel for the Petitioner and learned AGP for the Respondent No.2. There is no need to issue any notice to the Respondent-Banks as well as Respondent No.5, who is suffering from Alzheimer disease.
2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
3. Petitioner is the daughter of Respondent No.5, who is suffering from Alzheimer's disease and is unable to take care of herself on account of her medical condition that she is going through. The Petitioner states that she is the only child of Respondent No.5 and has already been taking care of the day to day needs and expenses of Respondent No.5 including the expenses incurred on account of her medical treatment. She also states that she has already appointed a care taker for Respondent No.5. She further submits that presently there is no provision under any existing law which would unable the Petitioner to get her appointed as legal guardian for Respondent No.5. She further submits that Alzheimer's disease is a kind of mental disorder and if it is seen to be so, the Petitioner would be able to obtain a declaration from this Court under the provisions of the Mental Health Act
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 welfare of the minor is the paramount consideration in appointing a guardian, and the provisions of the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956 should be i....
The Disabilities Act permits only limited guardianship for persons with disabilities, rejecting the notion of permanent guardianship.
The High Court may exercise its parens patriae jurisdiction under Article 226 of the Constitution to facilitate guardianship for mentally incapacitated adults when no specific statutory framework exi....
The main legal point established in the judgment is the necessity of appointing a legal guardian for persons with disabilities under Sec.14 of the National Trust for Welfare of Persons with Autism, C....
Court directed timely consideration of the petitioner's application for guardianship without ruling on the case merits.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
