Mumbai: Allowing a plea filed by the children of the former Attorney General, the Bombay High Court has declared them as guardians of their 63-year-old brother under Section 7 of the Guardian and Wards Act, 1890.
Justice Riyaz Chagla recently appointed the three children and a nephew as guardians, observing, “The Petitioners, as siblings and a nephew of the said XXX (name withheld to protect identity), are the fit and proper persons under the provisions of Section 7 of the Guardian and Wards Act, 1890.”
Justice Chagla allowed the guardianship petition under the Act, which pertains to minors.
What the guardianship petition stated
According to the guardianship petition, the brother, born on September 3, 1960, in Mumbai, was handicapped as he suffered from microcephaly (a condition where a baby's head is much smaller than expected), causing delayed milestones and mental handicap with motor spasticity. He does not pose a threat to others as he does not have a violent or unstable temperament. His mental condition is stated to be irrevocable or irreversible.
The plea contended that throughout his life, he was cared for by his parents.
They claimed that their father had recently passed away and bequeathed a sum of Rs. One crore to the sibling. The sum is in addition to substantial movable 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 stated her inability to care for her child. The court accepted the affidavit in which the mother gave her “full and free consent” for the appointment of the petitioners as guardians.
The plea stated that the siblings 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,” Justice Chagla said in the order.
