Bombay High Court Appoints Children Of Former Attorney General As Guardians Of Senior Citizen Sibling Having Mental Illness

Sharmeen Hakim

12 Sep 2023 5:30 AM GMT

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  • Bombay High Court Appoints Children Of Former Attorney General As Guardians Of Senior Citizen Sibling Having Mental Illness

    The Bombay High Court has allowed a plea by the children of a former Attorney General and declared them as guardians of one of their siblings under Section 7 of the Guardian and Wards Act, 1890. The section was originally meant for guardianship of minors. Justice Riyaz Chagla widened the scope of Section 7 of the Act to allow guardianship of an adult suffering from a mental handicap noting...

    The Bombay High Court has allowed a plea by the children of a former Attorney General and declared them as guardians of one of their siblings under Section 7 of the Guardian and Wards Act, 1890. The section was originally meant for guardianship of minors.

    Justice Riyaz Chagla widened the scope of Section 7 of the Act to allow guardianship of an adult suffering from a mental handicap noting a lacuna in the existing Mental Healthcare Act.

    The petitioners submitted that their sibling suffered from microcephaly causing delayed milestones and mental handicap with motor spasticity. Microcephaly is a birth defect where a baby's head is smaller than expected.

    They further added that their sibling, now a senior citizen, didn’t have a violent or unstable temperament but the mental condition was irreversible. He was cared for by their parents all his life, the petitioners said.

    They claimed their father had passed away recently and bequeathed a sum of Rs. 1 core to the sibling. The sum is in addition to substantial moveable assets given by their mother as well as what he inherited from their deceased father, they added.

    Since the mother was also of an advanced age, her affidavit stating her inability to care for her child was also taken on record.

    She gave her full and free consent for appointment of the petitioners as guardians. The plea stated the sibling wanted to be appointed as guardians without remuneration or royalty.

    I have considered the averments in the above Guardianship Petition as well as the Consent Affidavit filed by the said XXX, the mother of the said XXX, who has indicated that she is unable to look after the said XXX and that the Petitioners as brothers, sister and nephew respectively of the said XXX would be in a position to act as guardians of the said XXX,” the order read.

    Click Here To Read/Download Order

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