PARITOSH S/O MANMOHAN KHANVILKAR AND ORS vs UNION OF INDIA THR THE SEC, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT AND ORS

Judgment text excerpt

Digitally signed by PRAJAKTA PRAJAKTA SAGAR VARTAK SAGAR Date: VARTAK 2025.04.18 19:52:25 3-wp 3186-25.doc +0530 Prajakta Vartak IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3186 OF 2025 Paritosh s/o. Manmohan Khanvilkar & Ors. ...Petitioners Versus Union of India & Ors. ...Respondents __________ Ms. Ayodhya Patki i/b. Mr. Ashish Sonawane for the Petitioners. Ms. Savita Prabhune, AGP for State. __________ CORAM : G. S. KULKARNI & ADVAIT M. SETHNA, JJ. DATE : 15 APRIL 2025 Oral Judgment (Per. 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 Page 1 of 16 15 April 2025 3-wp 3186-25.doc 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