Necessity to formulate a policy aimed at safeguarding the property of children who have lost their parents: Delhi High Court
Title: Master G Through Guardian & Anr versus State (NCT Of Delhi), Home Department & Anr
Citation: W.P.(C) 14361/2023
Decided on: 03.11.2023
Coram: Justice Subramoniam Prasad
Introduction
The court considered a petition from two children whose father murdered their mother in September the previous year and subsequently took his own life. Justice Subramonium Prasad recently assigned Senior Advocate Dayan Krishnan as an amicus curiae in a similar case, urging him to contribute insights for the court’s efforts to establish a policy in such circumstances.
Facts of the case
The petitioners’ father murdered their mother and then took his own life. An FIR was filed at the police station, citing offenses under Section 302 and 324 of the IPC. The relatives of the Petitioners had expressed their willingness to take the children but the children refused to go to the relatives. The petitioners, represented by Udhyan Ghar for Boys – Home II and Home VIII, have approached this court, expressing concern that the assets of their parents are being misused. They assert that, with no other recourse, they are compelled to seek the court’s intervention and invoke the parens patriae jurisdiction to protect the children’s interests.
Court’s observation and analysis
The court in this case has issued a notice, and Ms. Mehak Nakra, the learned Additional Standing Counsel for the Government of the National Capital Territory of Delhi (GNCTD), acknowledged the notice on behalf of the respondents. Mr. Dayan Krishnan, a senior advocate present in court, was invited to provide his valuable insights to assist the court in formulating a policy for situations of this kind.
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Written by- Amrita Rout