Limited guardianship must follow statutory preference for appointment; without proof of disability, the uncle has no standing for guardianship.

JUDGMENT :

T. Vinod Kumar, J.

This Civil Miscellaneous Appeal is filed against the order dated 10.08.2022 passed in I.A. No. 487 of 2020 in O.P. No. 21 of 2020 on the file of XXVI Additional Chief Judge, City Civil Court, at Hyderabad, filed under Order XXXIX Rule 1 & 2 R/W Section 151 of CPC.

2. The Appellant herein is the petitioner in the underlying interlocutory application and also in the O.P.

3. The O.P. is filed under Section 14 of MENTAL HEALTH CARE ACT , 2017 r/w Section 14 of Rights of Persons with Disabilities Act, 2016 r/w Rule - 4 of Telangana State Rights of Persons with Disabilities Rules 2018 to declare the appellant/petitioner as a legal guardian or nominated representative/best friend of Smt. Gowri Priya to deal and protect her entitled movable and immovable petition schedule A, B & C schedule properties falling to her share.

4. In the aforesaid O.P, the appellant has filed the underlying Interlocutory Application under Order XXXIX Rule 1 and 2 r/w Section 151 C.P.C. for granting ad-interim injunction order restraining the respondents from alienating or changing the nature of the petition schedule property or creating any third parties right or creating any charge or dealing with the petition schedule properties in any manner pending disposal of the main petition.

5. The case of the appellant/petitioner is that he is the elder brother of Late B. Rajagopal, who passed away on 26.09.2019 leaving behind his wife Mrs. Subhadra and only daughter Ms. Gowri Priya. Appellant contends that Gowri Priya is a differently abled person who received special education. In 2008, Gowri Priya is married to Mr. Sreesan A. Gopinath i.e. respondent herein and out of wed-lock they were blessed with a boy in 2009, named Master Yograj Sreesan.

6. The appellant further contends that in 2018, the Respondent took Ms. Gowri Priya and their child to his parental house in Cochin without informing his father-in-law i.e. brother of appellant. The respondent’s parental house was lacking in providing the required facilities to Mrs. Gowri Priya and did not meet the standard of education required by the child. It is further contended that in 2018, the applicant’s brother has submitted a petition to the A.P. State Human Rights Commission expressing his anguish, apprehensions and the psychological pressure on his daughter exerted by family members of respondent.

7. The appellant contends that in July 2018, the appellant’s brother sought his assistance to create a "Private Family Trust" for Ms. Gowri Priya's properties and assets i.e. H. No, 1301, Road No. 66, Jubilee Hills, Hyderabad (in short for ‘Subject property A’) and her share of the ancestral property in H. No. 10- 2-276/3/1; Plot No.17, West Marredpally, Secunderabad (in short for ‘Subject property B’) and all other movable and immovable properties coming to her share (in short for ‘Subject property C’), the same was mentioned in the Mandate of Operation dt. 02.07.2018 executed by Late. Shri. B. Rajagopal.

8. The appellant further contends that after the death of appellant's brother on 26.09.2019, the respondent allegedly broke open Smt. Subhadra Kunduri's Almirah on 11.11.2019 and stole property documents. A complaint has been registered in the Jubilee hills police station for theft under Section 378 of IPC.

9. It is further contended on behalf of the appellant that on 12.12.2019 he has sent a letter to the respondent to discuss about setting up a "Private Family Trust," for the properties coming to the benefit of Ms. Gowri Priya, but the Respondent failed to attend. On 25.01.2020 the appellant approached the Men