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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. KULKARNI, ADVAIT M. SETHNA
Paritosh s/o. Manmohan Khanvilkar – Appellant
Versus
Union of India – Respondent
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 place
The doctrine of parens patriae allows courts to appoint guardians for individuals unable to care for themselves, ensuring their rights and welfare are protected.
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The court exercises parens patriae jurisdiction under Article 226 to appoint a guardian for a comatose individual, highlighting the absence of specific legislation for such cases.
The court established that it can act as parens patriae to appoint a guardian for a comatose patient when no legislative provisions exist.
The judgment establishes the court's authority to invoke the parens patriae jurisdiction to appoint a guardian for a person in a comatose state in the absence of specific legislative provisions.
Point of law: It shall be the duty of the petitioner – guardian to meet the obligations/duties similar to those as described under Section 15 and to maintain and submit the accounts similar to those ....
The court reaffirmed the principle that guardianship for mentally ill persons should prioritize family relationships, allowing spouses and immediate relatives to jointly manage health and financial a....
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