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Bombay High Court Appoints Daughter as Legal Guardian of Mother Suffering from Alzheimer's Disease in Absence of Statutory Provision. Court Exercises Inherent and Parens Patriae Jurisdiction to Protect Rights of Mentally Ill Adult Under Article 21 of Constitution.

The petitioner, Anushka Rajiv Mohite, filed a writ petition before the Bombay High Court seeking to be appointed as the legal guardian of her mother, ...

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Bombay High Court Allows Daughter to Be Appointed Legal Guardian of Mother Suffering from Alzheimer's Disease — Recognizes Lacuna in Mental Health Act, 1987 and Hindu Minority and Guardianship Act, 1956 for Guardianship of Mentally Ill Adults.

The petitioner, Anushka Rajiv Mohite, filed a writ petition before the Bombay High Court seeking to be appointed as the legal guardian of her mother, ...

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High Court of Karnataka Appoints Wife as Guardian of Comatose Husband and Directs Banks to Release Funds for Treatment and Livelihood. Court exercises parens patriae jurisdiction under Article 226 of the Constitution of India to appoint guardian for incapacitated person and issue mandamus to banks.

The petitioner, Sandya Anilkumar, wife of Dr. Anil Kumar H.V., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a...

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Bombay High Court Allows Appeal in Guardianship Case — Child's Welfare Paramount. Consent of Biological Parents and Child's Best Interests Justify Granting Guardianship to Prospective Adoptive Parents Under Guardians and Wards Act, 1890.

The case involves an appeal against an order of a learned single Judge dated 30th November 2004 dismissing the appellants' petition for guardianship. ...

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Bombay High Court Directs Medical Examination of Dementia Patient in Guardianship Petition Under Parens Patriae Jurisdiction. Son and Daughter Seek Guardian Appointment for Mother; Article 226 Petition Invoked to Protect Vulnerable Person.

This matter involved a petition filed under Article 226 of the Constitution of India invoking the doctrine of parens patriae by petitioners, who are t...

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Bombay High Court Dismisses Petition for Appointment of Guardian for Elderly Litigant in Property Dispute — No Evidence of Mental Incapacity Found. Court Holds That Advanced Age Alone Does Not Justify Appointment of Next Friend Under Order XXXII Rule 15 CPC.

The dispute arose between siblings over a flat in Matru Chhaya, Marine Drive, Mumbai, inherited from their father. The respondent No.1, aged 75, was t...

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Bombay High Court Allows Appeal by Mother and Minor Daughter Against Custody Order, Remands Case for Fresh Consideration. Welfare of Minor Child Held Paramount Under Guardian and Wards Act, 1890.

The present appeal arises from a judgment and order dated 23rd January 2013 passed by the Principal District Judge, Buldana, in Guardian & Ward Case N...