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Mrs. Mariam Ali vs. Govt. NCT of Delhi and Ors.

Writ Petition (Civil) · 2026:DHC:8095Decided 14 Sept 2026New Delhi Bench
W.P.(C) 13127/2026CNR: DLHC010425772026
Dr. Justice Swarana Kanta Sharma

Background

The petitioner sought to be appointed legal guardian of her disabled 70-year-old sister, alleging that another sibling had wrongfully taken their sister to Ghaziabad in 2011 and kept her there since. The petitioner, the respondent-brother, and the disabled sister herself all currently reside in Uttar Pradesh, though the family's original home and the sister's disability certificate were in Delhi.

Decision Breakdown

The Court held that Delhi lacked jurisdiction because appointing a guardian requires examining the disabled person's actual living conditions, care, and medical needs, all located in Ghaziabad, and none of the three key parties (petitioner, respondent, or the person needing a guardian) reside in Delhi. The old Delhi address and the location of some assets/an earlier disability certificate were not enough to create jurisdiction, and even if they were, Ghaziabad/Allahabad High Court would be the more appropriate forum.

Lesson Learnt

In guardianship matters, courts look to where the person needing protection actually lives and can be examined, not where the family's property or paperwork historically originated: petitioners must file such cases where the vulnerable person currently resides.

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