Appointment of guardian
raghavendra
(Querist) 06 June 2014
This query is : Resolved
sir,
i have filed application under order 32 rule 4 of civil procedure code along with partition suit.
my sister is expired and her daughter is mentaly retired father is not taking care of her since from the birth mentaly retired girl is staying with me i am taking care of her,
now i am a plaintiff no 1 AND menataly retired lady aged about 32 years is plaintiff no - 2, can court appoint me as guradian of plaintiff no-2, if my application is rejected how i can be a guardian to plaintiff no-2.
thanking you
Devajyoti Barman
(Expert) 06 June 2014
you are posting many queries of different topic.
Whoa re you, an advocate?
raghavendra
(Querist) 06 June 2014
i am company secretary student, this is my real problem
Devajyoti Barman
(Expert) 06 June 2014
Then what was your last query all about?
Whose problem was that?
V R SHROFF
(Expert) 06 June 2014
SHRI BARMAN JI;
Pl click Author's name, so can read his Profile: who he is ,
click Expert/ forum to know history of his Queries and what he stated in past.
It saves lots of time, and protects us from their fooling us, wasting our time.
pl do it , if it helps you save time and trouble.
raghavendra
(Querist) 06 June 2014
what is the object of this forum? is there any problem in discussing about the anybodies problem with positive approach
V R SHROFF
(Expert) 06 June 2014
what is the object of this forum?
Object of our Experts to help NEEDY PERSONS HAVING THEIR OWN LEGAL PROBLEM .
Not to reply your 303 rd Query:
Better declare your Objective asking hundreds of Queries
All cannot be your personal legal problem.
Guest
(Expert) 06 June 2014
You have stated yourself to be a company secretary student, while your profile indicates, you are a consultant. Can you clarify, what actually you are?
Guest
(Expert) 06 June 2014
By posing a question to the experts, "what is the object of this forum? is there any problem in discussing about the anybodies problem with positive approach," you seem to have posed your right to extract solutions from the experts just for earning your livelihood from your clients at the cost of experts.
Posting problems for nears and dears can be justified, but not for your clients. If you fail to state how the problem or the person relates to you that would clearly mean that the problem relates to your clients from whom you charge for provising solutions.
Rajendra K Goyal
(Expert) 07 June 2014
Author, please come with the problems connected with you.
Lawyer SALEEMA KABEER
(Expert) 07 June 2014
With a hope that my reply and subsequent discussions thereon if any, may help not only to the present author but also to the other viewers who are in search of similar kind of issue, I am here to answer the said query.
Guardianship of the person and property of mentally ill person in India is governed by the provisions of Mental Health Act.
Before appointing a guardian for the mentally ill person the District Court with in whose jurisdiction the alleged mentally ill person resides has to arrive at a finding that such mentally ill person is incapable of taking care of himself and managing his property. Once such a finding is recorded District Court has to appoint a guardian to take care of the person of the mentally ill person and also a manager for the management of his property.
If no guardian is appointed by the District Court under Mental Health Act for a mentally retarded person, normally, in a pending suit proceedings, the concerned Court if circumstances warranted, will permit the natural guardian to act as guardian for the said person only in respect of the case proceedings. If no natural guardian is alive or no natural guardian is willing to act as guardian for the said person or the Court has taken a view that the granting of permission to the natural guardian may cause any prejudice to the said mentally retarded person, then the court will appoint a third party (normally an advocate) as guardian for the said person (only with respect to the said case proceedings).
raghavendra
(Querist) 07 June 2014
Thank you very much Saleema Kabeer sir
