ANUSHKA RAJIV MOHITE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned AGP for the Respondent No.2. There is no need to issue any notice to the Respondent-Banks as well as Respondent No.5, who is suffering from Alzheimer disease.

(2.) Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

(3.) Petitioner is the daughter of Respondent No.5, who is suffering from Alzheimer's disease and is unable to take care of herself on account of her medical condition that she is going through. The Petitioner states that she is the only child of Respondent No.5 and has already been taking care of the day to day needs and expenses of Respondent No.5 including the expenses incurred on account of her medical treatment. She also states that she has already appointed a care taker for Respondent No.5. She further submits that presently there is no provision under any existing law which would unable the Petitioner to get her appointed as legal guardian for Respondent No.5. She further submits that Alzheimer's disease is a kind of mental disorder and if it is seen to be so, the Petitioner would be able to obtain a declaration from this Court under the provisions of the Mental Health Act 1987 or any other applicable law that she being a daughter of Respondent No.5, would be her legal guardian for all purposes.