SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Ker) 922

A. MUHAMED MUSTAQUE, SOPHY THOMAS
'X' – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : JOHNSON GOMEZ, S.BIJU (KIZHAKKANELA), SANJAY JOHNSON, JOHN GOMEZ, ARUN JOHNY, ANN MARIA SEBASTIAN
For the Respondent: ADVS.MANU S., N.M.MADHU, C.S.RAJANI, SHRI. K.S.PRENJITH KUMAR, SRI.P.M.SHAMEER

JUDGMENT :

A.Muhamed Mustaque, J.

These writ petitions are filed by the mother of XXXXX(*) (hereinafter referred to as the “incapable adult”) who is suffering from autism spectrum disorder. W.P.(Crl).No.1206/2022 was filed for issuance of a writ of habeas to produce the aforesaid incapable adult before this Court. It proceeds on an allegation that the incapable adult has been detained in illegal custody of his father against his wish and will in Dubai. W.P.(C). No.42320/2022 was filed challenging an order of the District Collector, Pathanamthitta, who is the Chairman of the Local Level Committee constituted under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (for short the “National Trust Act”), declining the request made by the petitioner to appoint her as the legal guardian of the incapable adult.

FACTS OF THE CASE:

2. The petitioner married ‘Y’(*) on 2/2/1998 in accordance with Christian personal law. In that wedlock, two male children were born. The elder child has now crossed the age of 21 year

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        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

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top