#mental capacity

Bombay High Court rules that a guardianship appointment under the Guardians and Wards Act 1890 is void if obtained through fraudulent marriage or suppression of material facts, such as the ward's mental incapacity. The judgment reinforces the duty of utmost good faith in guardianship proceedings, impacting family law and property disputes involving vulnerable adults.

The Bombay High Court granted bail in a sexual offence case under BNS after confirming the informant’s valid consent, supported by a psychiatrist’s certification that her chronic schizophrenia was in remission with no active symptoms. This sets a critical precedent: mental illness does not automatically invalidate victim consent in bail proceedings, provided clinical evidence affirms decision-making capacity.