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Synopsis

The Delhi High Court is poised to deliberate on formulating a comprehensive policy addressing the management of property belonging to children who have lost both parents.

The bench of Justice Subramonium Prasad recently designated Senior Advocate Dayan Krishnan as an amicus curiae in the matter. Krishnan has been entrusted with providing valuable insights to assist the court in establishing a policy for such circumstances.

This initiative stems from a petition filed by two children, orphaned after their father killed their mother and subsequently died by suicide in September 2022. The children have been placed under the care of Udayan Ghar for Boys by the Child Welfare Committee (CWC).

Despite the expressed willingness of relatives to take custody of the children, the siblings declined to go with them.

Through a petition facilitated by the children's home, it was brought to the court's attention that the properties belonging to their parents were at risk of mismanagement.

In light of this concern, the children approached the high court, invoking its parens patriae jurisdiction to safeguard their interests.

Acknowledging the gravity of the situation, Justice Prasad has sought the response of the Delhi government regarding the children's plea. The court has directed that replies from concerned parties be filed within two weeks, with a scheduled hearing on December 6.

The court, recognizing the need for a structured approach to such cases, called upon Senior Advocate Dayan Krishnan to contribute his expertise in formulating a policy.

"Mr. Dayan Krishnan, learned Senior Advocate, who is present in Court, is requested to assist the Court by giving his valuable inputs to lay down a policy in cases of this nature," said the court, emphasizing the importance of establishing a framework to address the unique challenges faced by orphaned children in relation to property rights.

Case Title: Master G Through Guardian & Anr. v. State (NCT Of Delhi), Home Department & Anr.