C. Raghuraman v. Nil
| Headnote |
|---|
| Letters Patent, 1865 — Cl. 17 — Parens patriae jurisdiction — Mental Healthcare Act, 2017 — No express provision for appointment of guardian for mentally retarded persons — Maintainability of petition.
A first cousin sought appointment as legal guardian for a mentally retarded adult male suffering from 60% mental retardation. The ward’s parents and other close relatives were deceased, and the petitioner had been taking care of the ward, who was residing in a care facility. The Registry returned the petition as not maintainable, relying on an earlier decision directing parties to approach authorities under the National Trust Act, 1999. The Court held that the earlier decision applied only to petitions filed under the Guardians and Wards Act, 1890, and did not limit the High Court’s independent jurisdiction under Clause 17 of the Letters Patent. Since the Mental Healthcare Act, 2017 contains no provision for appointment of a guardian, and there is no statutory bar curtailing the Letters Patent powers, the High Court may exercise parens patriae jurisdiction to protect mentally retarded persons. The petitioner was found to be a fit and proper person and was appointed as legal guardian, subject to conditions including periodic medical examinations, disclosure of assets, and submission of accounts. |
