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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE MS. JUSTICE GAURI GODSE
First Appeal No. 1272 of 2019 – Appellant
Versus
Ramesh Virpakshappa Wale – Respondent
JUDGMENT:
GAURI GODSE, J.
1. This first appeal is preferred by the original opponent to challenge the cancellation of the Order appointing her as a guardian of her husband under the Indian Lunacy Act, 1912 (“Lunacy Act”). By order dated 27th March 1980, the appellant’s Civil Miscellaneous Application No. 55 of 1977 filed under Section 62 of the Lunacy Act was allowed, and the appellant was appointed as guardian of her husband Shivshankar Wale (“Shivshankar”). The respondent filed an application under Section 65 of the Mental Health Act, 1987 (“the 1987 Act”) for cancelling the guardianship order issued in the appellant's name and prayed for directing the appellant to submit accounts of the properties of Shivshankar. Respondent’s application is allowed by the impugned order. The respondent is the son of Shivshankar’s brother.
Facts in brief:
2. The appellant is the wife of Shivshankar. Due to his insanity, he was unable to look after himself and his property. Hence, the appellant applied Section 62 of the Lunacy Act. Shivshankar’s mother and two brothers opposed the said application. After considering the objections raised to the appellant’s application, the application was allowed on 2
The court ruled that the respondent failed to prove the validity of allegations against the appellant regarding guardianship and property management, leading to the reinstatement of the guardianship ....
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....
A guardian appointed under the Rights of the Persons with Disabilities Act has authority to manage and transfer property on behalf of the individual deemed unfit, without additional procedural constr....
The court established that it can act as parens patriae to appoint a guardian for a comatose patient when no legislative provisions exist.
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