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C. S. DIAS
Bindumol A T W/o Ashok Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
The 1 petitioner is the wife of the 2nd petitioner. The 2nd petitioner is suffering from 45% permanent nd disability due to bipolar affective disorder. The 2nd petitioner’s father, M.G.Sarangapani, worked as a Subedar with the Corps of EME in the Indian Army. M.G.Sarangapani received pension till his death on 15.01.2020. The 2nd petitioner's mother had pre- deceased his father. After the death of the 2nd petitioner's father, he applied for family pension. By Ext.P8 letter, the 7 th respondent directed the 2nd petitioner to submit certain documents, including a legal guardianship certificate. Consequently, by Exts.P14 and P15 orders, the 1st petitioner was appointed as the limited guardian of the 2nd petitioner. After the expiry of the period in Ext.P15 order, the petitioners filed an application before 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 (‘National Trust Act’, in short), to appoint the 1st petitioner as the legal guardian of the 2nd petitioner. However, the Committee rejected the application on the fi
The Disabilities Act permits only limited guardianship for persons with disabilities, rejecting the notion of permanent guardianship.
Person who is mentally retarded and who has lost his parents cannot be permitted to remain without a guardian for a long period of time and considering the object of the Act, it is imperative on the ....
The Court clarified the interpretation of the Rights of Persons with Disabilities Act, 2016, emphasizing the broader categorization of disabilities and the duty of the District Collector to consider ....
The court interpreted the relevant provisions of the Rights of Persons With Disabilities Act, 2016 and National Trust Act, 1999 liberally to effectuate their purpose and emphasized the formation of t....
The court ruled that eligibility for family pension based on disability must be determined through proper medical assessment, not subjective judgment, emphasizing adherence to statutory requirements.
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....
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