*15 September 2011* *Karthika Gopalakrishnan*
*CHENNAI* : Dressed in a red frock with her hair bunched up in two, an autistic nine-year-old girl stepped into the witness box along with her mother on Wednesday. Curiously, her mother was fighting a case for the court to declare her as her daughter's legal guardian. P Devadass, principal judge, city civil court, directed the petitioner K Ananthi to get a medical certificate on the girl's condition and adjourned the matter to September 22 for further hearing. A resident of Kodungaiyur, Ananthi filed a petition under sections 50 to 54 of the Mental Health Act, 1987, to be appointed as her daughter's guardian to be responsible for her custody, care and be entrusted with the properties in which her daughter had a share. The need for the petition arose when Ananthi's husband, ME Karunakaran, passed away in January. Since her daughter was autistic, the family could not get both shares of benefits - such as returns from property - unless Ananthi was declared a legal guardian, counsel for petitioner R Ganesh said. "If a child is normal, then parents are their legal guardians. In the case of a child who is mentally challenged, it is necessary for the court to appoint the parent as the legal guardian, as per the terms of the Mental Health Act," counsel for petitioner R Ganesh said. According to the Act, if the court records a finding that a person is mentally ill and incapable of taking care of themself and of managing their property, then it could appoint a guardian to take care of the person and a manager. In cases where the court deems fit, it could appoint the same person to be the manager and guardian. After Karunakaran's death, both Ananthi and her daughter became the legal heirs to two of his properties. While he owned a house at Kodungaiyur, currently occupied by his immediate family, Karunakaran was also entitled to one-sixth share in his mother's property at Paravellur. Ananthi and her daughter have an equal share in both properties. The petition said the girl was completely dependant on external help the couple had attended to all her needs and comforts. On account of her mental state, the child was completely dependent on external help and incapable of leading a normal and independent life. Apart from Ananthi, nobody else was interested in the welfare of her daughter or in taking care of her and her properties. http://articles.timesofindia.indiatimes.com/2011-09-15/chennai/30159903_1_guardian-properties-mental-health-act -- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/MhaNewsViewsIndia?hl=en ------------- Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA [email protected] Discussions on mental health law / policy / plan monitoring / human rights etc [email protected] India-specific news and views related to mental health [email protected] Information and support to carers of people with mental health issues [email protected] Mutual support and sharing of experiential knowledge, skills and social learning amongst peers
