Latest news with #LettersPatent
The Hindu
7 days ago
- General
- The Hindu
Madras High Court judge, wife visit litigant's bed-ridden father at home to ascertain his mental condition
In an unusual gesture, Justice G.R. Swaminathan of the Madras High Court and his wife Kamakshi, a special educator, visited a litigant's 83-year-old bed-ridden father at his residence to find out if the octogenarian was suffering from any mental ailment as claimed by his elder son. The judge decided to go to the man's house at Kodambakkam in Chennai after taking into account that his production before the court would cause immense physical inconvenience to him since he had suffered a stroke in 2021, lost his ability to speak, and was being tube- fed since then. Plea for appointment Justice Swaminathan took his wife along with him since she was experienced in dealing with mentally ill persons. The decision was taken at the hearing of a case filed by Sivakumar Chellathurai in 2023 for appointing him as the manager of his father P.K.M. Durai's properties and permit him to dispose them of. The petition had been filed under Clause 17 of the Letters Patent which confers parens patriae jurisdiction on the High Court in respect of 'minors, lunatics and idiots'. The judge said that though such expressions could not be employed any longer, they continue to find a place in the statute. Leaving that aside, the judge found that the litigant had also filed a sub- application for a direction to his mother Kousalya Devi and younger brother C. Sabari Kumar to take his father to a hospital for follow-up and review. The applicant had asserted his father was mentally ill. Two words To ascertain if the assertion was true, the judge's wife wrote the words 'hospital' and 'home' one below the other on a piece of paper and requested Mr. Durai to point out his preference. Due to the difficulty in motor coordination, the aged man initially touched the word 'hospital'. However, when the judge asked if he wished to be shifted to a hospital, the litigant's father began weeping. Immediately, Ms. Kamakshi wrote the words 'home' and 'hospital' on two sides of the paper and this time, Mr. Durai touched the word 'home' and indicated by gestures that he was comfortable at home. 'Due to his physical condition, he was drooling. Whenever he drooled, he took his handkerchief with the help of his left hand and wiped the saliva. Whenever he cried, he also used handkerchief to wipe his tears. From all this, I could come to a clear and categorical conclusion that Thiru. P.K.M. Durai was suffering only from serious physical debilities. But his mental condition was rather good. By no stretch of imagination can Thiru. P.K.M. Durai be called as a lunatic-cum-idiot,' Justice Swaminathan concluded. After holding a detailed interaction with the mother and the younger brother of the applicant, the judge found that they both had no objection to the applicant visiting their home to see his father. 'No merit in the application' 'I am of the clear view that what Thiru. P.K.M. Durai requires now is loving care. If he is shifted to hospital, he would definitely suffer from loneliness. He may be confined in ICU. If he is at home, he will be surrounded by his immediate family members. He will have the company of his grandchildren. The interests of Thiru. P.K.M. Durai are paramount and I am more satisfied that there is no merit in the application,' the judge wrote. Despite observing that the main case filed by the elder son was itself not maintainable, the judge refrained from dismissing it, since a senior counsel engaged by the litigants was not present before him.
The Hindu
7 days ago
- General
- The Hindu
Judge, wife visit litigant's bed-ridden father at home to find out his mental condition
In an unusual gesture, Justice G.R. Swaminathan of the Madras High Court and his wife Kamakshi, a special educator, visited a litigant's 83-year-old bed-ridden father at his residence to find out if the octogenarian was suffering from any mental ailment as claimed by his elder son. The judge decided to go to the man's house at Kodambakkam in Chennai after taking into account that his production before the court would cause immense physical inconvenience to him since he had suffered a stroke in 2021, lost his ability to speak, and was being tube- fed since then. Plea for appointment Justice Swaminathan took his wife along with him since she was experienced in dealing with mentally ill persons. The decision was taken at the hearing of a case filed by Sivakumar Chellathurai in 2023 for appointing him as the manager of his father P.K.M. Durai's properties and permit him to dispose them of. The petition had been filed under Clause 17 of the Letters Patent which confers parens patriae jurisdiction on the High Court in respect of 'minors, lunatics and idiots'. The judge said that though such expressions could not be employed any longer, they continue to find a place in the statute. Leaving that aside, the judge found that the litigant had also filed a sub- application for a direction to his mother Kousalya Devi and younger brother C. Sabari Kumar to take his father to a hospital for follow-up and review. The applicant had asserted his father was mentally ill. Two words To ascertain if the assertion was true, the judge's wife wrote the words 'hospital' and 'home' one below the other on a piece of paper and requested Mr. Durai to point out his preference. Due to the difficulty in motor coordination, the aged man initially touched the word 'hospital'. However, when the judge asked if he wished to be shifted to a hospital, the litigant's father began weeping. Immediately, Ms. Kamakshi wrote the words 'home' and 'hospital' on two sides of the paper and this time, Mr. Durai touched the word 'home' and indicated by gestures that he was comfortable at home. 'Due to his physical condition, he was drooling. Whenever he drooled, he took his handkerchief with the help of his left hand and wiped the saliva. Whenever he cried, he also used handkerchief to wipe his tears. From all this, I could come to a clear and categorical conclusion that Thiru. P.K.M. Durai was suffering only from serious physical debilities. But his mental condition was rather good. By no stretch of imagination can Thiru. P.K.M. Durai be called as a lunatic-cum-idiot,' Justice Swaminathan concluded. After holding a detailed interaction with the mother and the younger brother of the applicant, the judge found that they both had no objection to the applicant visiting their home to see his father. 'No merit in the application' 'I am of the clear view that what Thiru. P.K.M. Durai requires now is loving care. If he is shifted to hospital, he would definitely suffer from loneliness. He may be confined in ICU. If he is at home, he will be surrounded by his immediate family members. He will have the company of his grandchildren. The interests of Thiru. P.K.M. Durai are paramount and I am more satisfied that there is no merit in the application,' the judge wrote. Despite observing that the main case filed by the elder son was itself not maintainable, the judge refrained from dismissing it, since a senior counsel engaged by the litigants was not present before him.
NDTV
22-05-2025
- Health
- NDTV
"Can't Be Mute Spectators": Court Appoints Daughters As Guardians Of Bedridden Man
Mumbai: The Bombay High Court has appointed two daughters as guardians of their 73-year-old bedridden father, who suffered a brain injury during a cardiac arrest, noting that he was unable to take care of himself or his property. A bench of Justice Abhay Ahuja, in its order of May 8, a copy of which was made available on Wednesday, said courts cannot remain a mute spectator to such situations. The high court, while appointing the two daughters as guardians of their father, noted that the man was suffering from mental illness and was a "person in a state of lunacy who is incapable of taking care of himself or managing his property". "The higher courts of our country exercise the 'parens patriae' jurisdiction (legal protector of citizens unable to protect themselves) as they cannot be mute spectators to a real life situation of the nature before this Court," Justice Ahuja said. As per the plea, the senior citizen suffered a brain injury in 2024, resulting in deprivation of oxygen and blood supply, during a cardiac arrest. As a consequence, he has been in a semi-conscious and incapacitated state and is bedridden till date. The petition sought HC to appoint the two daughters as guardians of their father, as he is incapable of communication and is not even able to take care of his basic personal needs. The petition was initially filed under the Guardian and Wards Act, by which a guardian can be appointed for the welfare of a minor alone. The plea was later amended and sought for the daughters to be appointed as guardians of the senior citizen under Clause XVII of the Letters Patent. Under Clause XVII of the Letters Patent, the high court has the power and authority with regard to the person and estate of "infants, idiots and lunatics". A Letters Patent is a specific law under which an HC derives its subordinate piece of legislation and is a special law which prevails over the general law. The high court said under the Mental Healthcare Act, mental illness means a substantial disorder of thinking, orientation that grossly impairs judgment and the ability to meet with the ordinary demands of life. The court in its order noted that the man was unable to understand or take informed decisions, and that he requires constant care and attention. The bench noted that this was definitely not a case of mental retardation. "However, it can be said that this is a case of mental illness although the same may have arisen as a result of a cardiac arrest," HC said. "Lunacy refers to unsoundness of mind sufficient to incapacitate a person from civil transactions. It can also refer to a mental disorder as described in the definition of mental illness," Justice Ahuja said. Such mental illness where the person is incapable of taking care of himself or managing his assets, can be said to be a "state of lunacy" and hence under the Letters Patent, the high court would have authority and jurisdiction with respect to the person and the estate of such a "lunatic", HC said.
Time of India
21-05-2025
- Health
- Time of India
‘Can't be mute spectators': HC appoints daughters as guardians of father bedridden after brain injury
Mumbai: Observing that courts cannot be mute spectators to situations where a parent is bedridden and semi-conscious for a long time, unable to look after his affairs, Bombay High Court appointed two daughters of a 73-year-old man with a brain injury as his guardians. The man, 72 when the petition was filed in July 2024, suffered from Hypoxic Ischemic Encephalopathy , a brain injury resulting from deprivation of oxygen and blood supply during a cardiac arrest. As a consequence, he was in a semi-conscious and incapacitated state, bedridden, and suffering from long-term neurological disability, Justice Abhay Ahuja of the HC observed. He was incapable of communication, could not take care of his basic personal needs, and was undergoing treatment, his daughters submitted in their guardianship plea. HC's May 8 judgment was made available on May 20, and it said the father, medically, was "incapable of taking care of himself or managing his property". "The higher courts of our country exercise the 'parens patriae' jurisdiction as they cannot be mute spectators to a real-life situation of the nature before this court," observed Justice Ahuja. The parens patriae jurisdiction is one where the HC can step in to take care of the interests of "infants and lunatics" who cannot look after themselves. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Ative o software antivírus do seu computador Clique aqui Undo A Letters Patent is a special law for the high court, and the Code of Civil Procedure, 1908, is the general law. When there is any conflict between the two laws, the special law would always prevail, said Justice Ahuja. HC noted that though the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities Act, 1999, under Section 14, empowers the local level committee to appoint a parent or a relative as a legal guardian of a person with a disability, the said legislation has not curtailed the powers of this court to appoint a legal guardian for a mentally ill person exercising its special powers under Clause XVII of Letters Patent. HC held the father's condition was of a "mentally incapacitated person" who is incapable of taking care of himself or managing his property, over whom and his estate, this court can exercise its special power and authority to fill up the vacuum "in the absence of any statutory or legislative bar". Observing the powers the higher judiciary has in doing justice, Justice Ahuja said, "The higher courts of our country exercise the parens patriae jurisdiction as they cannot be mute spectators to real-life situations of the nature before this court."
Hindustan Times
21-05-2025
- Health
- Hindustan Times
HC appoints daughters as guardians of bedridden man; says court cannot remain mute spectator
Mumbai, The Bombay High Court has appointed two daughters as guardians of their 73-year-old bedridden father, who suffered a brain injury during a cardiac arrest, noting that he was unable to take care of himself or his property. A bench of Justice Abhay Ahuja, in its order of May 8, a copy of which was made available on Wednesday, said courts cannot remain a mute spectator to such situations. The high court, while appointing the two daughters as guardians of their father, noted that the man was suffering from mental illness and was a 'person in a state of lunacy who is incapable of taking care of himself or managing his property'. 'The higher courts of our country exercise the 'parens patriae' jurisdiction as they cannot be mute spectators to a real life situation of the nature before this Court,' Justice Ahuja said. As per the plea, the senior citizen suffered a brain injury in 2024, resulting in deprivation of oxygen and blood supply, during a cardiac arrest. As a consequence, he has been in a semi-conscious and incapacitated state and is bedridden till date. The petition sought HC to appoint the two daughters as guardians of their father, as he is incapable of communication and is not even able to take care of his basic personal needs. The petition was initially filed under the Guardian and Wards Act, by which a guardian can be appointed for the welfare of a minor alone. The plea was later amended and sought for the daughters to be appointed as guardians of the senior citizen under Clause XVII of the Letters Patent. Under Clause XVII of the Letters Patent, the high court has the power and authority with regard to the person and estate of 'infants, idiots and lunatics'. A Letters Patent is a specific law under which an HC derives its subordinate piece of legislation and is a special law which prevails over the general law. The high court said under the Mental Healthcare Act, mental illness means a substantial disorder of thinking, orientation that grossly impairs judgment and the ability to meet with the ordinary demands of life. The court in its order noted that the man was unable to understand or take informed decisions, and that he requires constant care and attention. The bench noted that this was definitely not a case of mental retardation. 'However, it can be said that this is a case of mental illness although the same may have arisen as a result of a cardiac arrest,' HC said. 'Lunacy refers to unsoundness of mind sufficient to incapacitate a person from civil transactions. It can also refer to a mental disorder as described in the definition of mental illness,' Justice Ahuja said. Such mental illness where the person is incapable of taking care of himself or managing his assets, can be said to be a 'state of lunacy' and hence under the Letters Patent, the high court would have authority and jurisdiction with respect to the person and the estate of such a 'lunatic', HC said.
