$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 544/2026 Date of Decision: 11.03.2026 IN THE MATTER OF:

ARUN SINGH .....Petitioner Through: Mr. Divyansh Tiwari, Advocate.

versus GOVT. OF N.C.T. OF DELHI AND ANR. .....Respondents Through: Mr. Raghvendra Upadhyay Panel Counsel GNCTD, Ms. Purnima Jain Advocate & Mr. Madhur Advocates for R-1.

Ms Sangita Malhotra Advocate SPC for R-2.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

J U D G E M E N T

PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

The present petition has been filed under Article 226 of the Constitution of India, invoking the doctrine of parens patriae, seeking the appointment of the petitioner, Shri Arun Singh, as the legal guardian of his aunt, Smt. Rajeshwari Singh, for the purpose of managing her personal, medical and financial affairs.

2. It is stated that Smt. Rajeshwari Singh has been diagnosed with progressive senile dementia and is also suffering from bronchial asthma.

Medical certificates dated 24.07.2025 record that she suffers from progressive senile dementia with tremors in both hands and is unable to carry out daily activities, sign documents or manage her estate.

3. The facts manifest that Smt. Rajeshwari Singh, born on 30.01.1941, is presently about 84 years old and was married to Late Lt. Col. Brajendra Singh. The couple had one son, Shri Raghav Singh, who presently resides in the United States of America. It is stated that Shri Raghav Singh suffered an accident in April 2013 resulting in paralysis of his lower body and is wheelchair dependent, owing to which he is unable to travel to India. It is further stated that the husband of Smt. Rajeshwari Singh passed away on

12.03.2022.

4. It is the case of the petitioner that in view of the aforesaid circumstances and the inability of her son to travel to India, the petitioner, who is the nephew of Smt. Rajeshwari Singh, has been taking care of her and making arrangements for her support. However, in the absence of a judicially recognised guardianship, he is unable to manage her personal and financial affairs.

5. The instant petition first came up for hearing on 15.01.2026 and the Court directed for issuance of notice. Subsequently thereto, on 29.01.2026, in order to access the condition of Smt. Rajeshwari Singh, the Court directed Respondent no.2 UOI to constitute a medical board at the Safdarjung Hospital, Delhi and examine the condition of the petitioner.

6. Vide notice dated 21.02.2026, the Union of India constituted a medical board, and the meeting of the Board was scheduled on 23.02.2026. Thereafter, UOI has brought on record the medical board opinion dated 24.02.2026. Vide the said opinion, the medical board is of the view that Mrs.

Rajeshwari Singh is having “progressive Dementia (advance stage)” and “needs aid in daily activities of life”.

7. Furthermore, the petitioner has also placed on record a No Objection Certificate of Mr. Raghav Singh, son of Mrs. Rajeshwari Singh, for the appointment of the petitioner as the legal guardian.

8. Before adjudicating on the merits of the instant petition, it is deemed appropriate to briefly outline the settled legal position with respect to the invocation of the doctrine of parens patriae.

9. In S. D. v. Govt. of NCT of Delhi and Ors.¹, this Court observed that parens patriae jurisdiction can be invoked only in exceptional circumstances and must be exercised with great caution and seriousness. It was observed that Constitutional Courts, including High Courts, are empowered to exercise this jurisdiction to meet the ends of justice, particularly where a person suffers from mental incapacity. It was noted that such jurisdiction may be invoked if the person concerned is unable to protect their interests or is subjected to abuse, neglect, coercion or undue influence, and can also extend to the protection of vulnerable adults. The Court further examined the statutory framework under the Rights of Persons with Disabilities Act, 2016 (RPWD Act) and noted that the power to appoint