NON-CITIZENS CANNOT BE APPOINTED AS GUARDIANS OF PERSONS WITH DISABILITIES: DELHI HIGH COURT The Delhi High Court recently upheld the validity of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2000 as well as Board of the Trust Regulations, 2001 so far as they restrict a foreign national from being appointed guardian of a person with disabilities. The High Court was hearing a plea by an American citizen named Sunil Podar seeking a direction to be appointed guardian of his adopted son who suffers from 90% disability. Court iterated that while being the father of his son with disabilities, in light of being an American citizen cannot claim or assert a vested right to be appointed as his guardian. Being an American citizen would put so much uncertainty on the son as the father is neither an Indian citizen not he ordinarily resides in India. The Court stated that being a foreign citizen and claiming guardianship would have to flow from a provision that maybe in existence and which permits a foreigner to claim a right to be appointed as a guardian by any valid statutory provisions. The Court also said that the petitioner can nominate an Indian citizen who may be appointed as the statutory guardian of the son. Reddy and Reddy Law Firm is one of the popular law firms in Pune which handle variety types of legal matters across personal and corporate space.
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