The doctrine of parens patriae allows courts to appoint guardians for individuals unable to care for themselves, ensuring their rights and welfare are protected.

JUDGMENT :

G. S. Kulkarni, J.

1. This petition under Article 226 of the Constitution of India is filed invoking the doctrine of parens patriae whereby petitioner no.1 and petitioner no.2, who are the son and daughter of “Smt. Madhura Manmohan Khanvilkar” age 78 years, are before the Court praying that petitioner no.2 Rajlaxmi, daughter of Smt. Madhura be appointed as a guardian of her mother who is stated to be suffering from dementia and severe degree of cognitive impairment.

2. Considering such plea as urged on behalf of the petitioners, by an order dated 19 March 2025 passed on the present proceedings, this Court requested the Dean of Byramjee Jeejeebhoy (B.J.) Medical College and Sassoon General Hospital, Pune to appoint a Medical Board consisting of experts who would visit the residence of petitioner no.2 where Smt. Madhura Khanvilkar resides so as to examine her and make a report of her medical condition to the Court, to be forwarded to the learned Assistant Government Pleader. Accordingly, a Medical Board was constituted by the Dean of B.J. Medical College. A report of the Medical Board was forwarded by the Dean along with his covering letter dated 05 April 2025 which was placed on record of this Court. Summary and impressions of ‘Department of Clinical Psychology’ read thus:-

“SUMMARY

MMSE findings indicative of Severe degree of cognitive impairment.

MOCA findings indicative of Severe degree of cognitive impairment.

PGIMS findings indicative of Severe degree of cognitive impairment.

IMPRESSIONS

The index patient seems to be suffering from severe cognitive impairment in domains of Memory (Remote & Recent), Attention/Concentration, Recall (Delayed & Immediate), Language, Orientation, Abstraction and Visuospatial/ Executive functioning.”

3. The report of the Medical Board as constituted by the Dean of Sassoon General Hospital, Pune dated 05 April 2025 records the following observations on the medical condition of “Smt. Madhura Manmohan Khanvilkar”:-

“O. No. SGH/SUPDT/658/2025

Date: 05/04/2015

Subject: Assessment report of Mrs. Madhura Manmohan Khanwilkar Reference:

1) Your letter no. SGH/MS/618/2025 Dated 27/03/2025

2) Psychological assessment report by Assistant professor.

Department of Clinical psychology, Maharashtra Institute of Mental Health, Pune with outward no. 257 Date 02/04/2025

As per order of Bombay High Court a committee was constituted via reference letter no. I to assess the medical condition of Mrs. Madhura Manmohan Khanwilkar. The committee is herewith submitting the report.

Name: Mrs. Madhura Manmohan Khanwilkar Age: 78 years

MRD No: 0/15/25158

Informant: Daughter (Ms. Rajlaxmi), Son (Parotish) and Caretaker (Ms. Akshada)

Medical history: Mrs. Madhura Manmohan Khanwilkar has history of forgetfulness, unable to perform day to day activities. As per available medical records she is having Type II Diabetes Mellitus. Hypertension and Dementia. She is currently under the treatment of Dr. Vedavati Purandare of Chellaram Hospital. She had history of recurrent urinary tract infections for which she has undergone cystodialatation. She had history of recurrent wheeze for which she was under treatment of Dr. Swapnil Kulkarni with possible diagnosis of late onset asthma or microaspiration or tracheomalacia. As per medical document form Dr. Shripad Pujari. Neurologist of Deenanath Mangeshkar hospital dated 27/06/2023. she had past history of multiple sclerosis more than 10 years. However currently she is not on any treatment for multiple sclerosis. The various past medical records were reviewed.

Mrs. Madhura Manmohan Khanwilkar was examined at her home on 27/03/2025. She was assessed in Sassoon hospital on 28/03/2025. Additional information was obtained from her son Mr. Paritosh on 01/04/2025 as patient was staying with him at the time of onset of dementia.

Clinical examination at home: Mrs. Madhura Manmohan Khanwilkar was conscious, cooperative, and communicative Her pulse rate was 88/minute and her blood pressure was 136 84 mm of Hg. She