Bombay High Court: The present petition was filed under Article 226 of the Constitution invoking the doctrine of parens patriae whereby Petitioners 1 and 2, being son and daughter respectively of Madhura Manmohan Khanvilkar, aged 78 years, were before this Court praying that Petitioner 2 be appointed as a guardian of her mother who was suffering from dementia and severe degree of cognitive impairment. The Division Bench of G.S. Kulkarni* and Advait M. Sethna, JJ., opined that it needed to apply the legal principles on the doctrine of parens patriae to the present case and thus held that Petitioner 2 shall be treated and accepted as a legal guardian of her mother.
By an order dated 19-3-2025, this Court requested to constitute a Medical Board which was thereafter constituted by the Dean of B.J. Medical College, to visit the residence of Petitioner 2 where her resided, to examine her and make a report of her medical condition to the Court, to be forwarded to the Assistant Government Pleader. The report of the Medical Board as constituted by the Dean of Sassoon General Hospital dated 5-4-2025 recorded observations on the medical condition of the petitioners’ mother and concluded that as per history, past medical records, clinical examination, and psychological assessment, she was suffering from Dementia.
The Court stated that the principle that the interest of the person with a disability being required to be addressed was duly recognized in the legal jurisprudence. The Court opined that dementia was a condition characterized by a decline in cognitive functions, severe enough to interfere with one’s daily life caused by damage to brain cells. Further, it brings about symptoms of memory loss, disorientation, and so many other problems which would certainly deprive the person of a normal living. The Court stated that considering the age of the petitioners’ mother, such disease would be progressive, and the symptoms would worsen over time.
The Court opined that it needed to apply the legal principles on the doctrine of parens patriae to the present case. Further, there was no impediment for the petitioners espousing the cause that Petitioner 2 be appointed as a legal guardian of her mother, as she had been certified by the Medical Board to be suffering from dementia and severe degree of cognitive impairment.
The Court noted that the petitioners’ mother was unable to function normally, and she was completely dependent on others, and it was Petitioner 2 who was taking care of her. Thus, in the interest of justice, as far as the movable and immovable properties of the petitioners’ mother were concerned, the Court allowed the petition and appointed Petitioner 2 as the legal guardian.
[Paritosh v. State of Maharashtra, Writ Petition No. 3186 of 2025, decided on 15-4-2025]
*Judgment authored by: Justice G.S. Kulkarni
Advocates who appeared in this case :
For the Petitioners: Ayodhya Patki i/b Ashish Sonawane for the Petitioners.
For the Respondents: Savita Prabhune, AGP for State.
