Bombay High Court
Sushil Singhania vs Union Of India Thru Its ... on 18 December, 2025
Author: R.I. Chagla
Bench: R.I. Chagla
903-wpl-35289-2025.doc
Sushil Singhania v. UoI & Ors.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.35289 OF 2025
Digitally
signed by
JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2025.12.19
Sushil Singhania ...Petitioner
13:21:31
+0530
Versus
Union of India & Ors. ...Respondents
----------
Mr. Manjunath S. Hegde, for the Petitioner.
Mr. Rakesh Pathak, AGP for Respondent Nos.2 and 8.
----------
CORAM : R.I. CHAGLA AND
FARHAN P. DUBASH, JJ.
DATE : 18TH DECEMBER, 2025
ORDER :
1. The present Writ Petition has been filed by Sushil Singhania son of Vimala Govind Singhania (Patient) seeking an order from this court to declare him as legal guardian of his mother. Mr. Govind Singhania, husband of the patient is Respondent No.9 whilst Mrs. Bela Vikas Khetan, sister of the Petitioner is Respondent No.10 Page 1 of 5
------------------------------------------------- Order dated December 19, 2025 ::: Uploaded on - 19/12/2025 ::: Downloaded on - 19/12/2025 23:03:32 ::: 903-wpl-35289-2025.doc Sushil Singhania v. UoI & Ors.
herein. Both Respondent Nos.9 and 10 have given their respective Affidavits of no objection, consenting to the Petitioner being appointed as the legal guardian of the Patient. There Affidavits are at Exhibits 'T' and 'U' respectively to the present Writ Petition.
2. The Patient is stated to be suffering from severe dementia and is unable to perform her daily activities on her own or use her mental faculties or make decisions and is severely cognitively impaired. She is stated to also be suffering from Alzheimer disease with residual deconditioning and neuromuscular dysphagia, Chronic obstructive pulmonary diseases, obstructive airway disease, deranged thyroid function, severe pulmonary hyper-tension, osteoarthritis of Bilateral knee joints, pelvic vault prolapse with cystocele and undergone total replacement of the left knee. She is currently on a Ryle Tube inserted through the nostrils for feeding and cannot speak, nor follow commands nor responsive to stimuli.
3. The Petitioner has annexed a copy of the medical reports of the Patient, which according to him, clearly collaborate his case as Page 2 of 5
------------------------------------------------- Order dated December 19, 2025 ::: Uploaded on - 19/12/2025 ::: Downloaded on - 19/12/2025 23:03:32 ::: 903-wpl-35289-2025.doc Sushil Singhania v. UoI & Ors.
pleaded in the present Writ Petition.
4. However, considering the nature of the relief sought in the present Writ Petition, we are of the view that an independent medical report is required to be submitted to this Court after a thorough evaluation of the Patient by a team of independent and specialized medical reports.
5. Accordingly, the following Order is passed:-
A. The Grant Medical College and Sir J.J. Group of Hospitals (J.J. Hospital) at Mumbai shall immediately constitute a Medical Board comprising of at least one Psychiatrist and one Psychologist (Medical Board) to examine the Patient, Vimala Govind Singhania and submit a medical report on her present medical condition. In particular, the Medical Board shall assess and opine whether the Patient suffers from any mental illness including Dementia and Alzheimer diseases and if so, to what extent / degree. The Page 3 of 5
------------------------------------------------- Order dated December 19, 2025 ::: Uploaded on - 19/12/2025 ::: Downloaded on - 19/12/2025 23:03:32 ::: 903-wpl-35289-2025.doc Sushil Singhania v. UoI & Ors.
Medical Board shall also opine on whether or not, the Patient is severely incapacitated and / or incapable of making informed decisions concerning her own self and / or any medical treatment that she might need.
B. For the purpose of conducting such examination and considering the age and medical condition of the Patient, J.J. Hospital is requested to depute the Medical Board to attend the residence of the Patient at 1701/2, Tower 1, Rustomjee Ozone, G.M. Link Road, Goregaon West, Mumbai 400 104 where she is residing together with her husband.
C. The Medical Board shall visit the Patient for conducting such examination after giving 24 hours notice to the Petitioner.
D. J.J. Hospital is directed to complete this exercise and submit the Report of the Medical Board to this court, through the Petitioner, on or before Tuesday, 23rd December, 2025. All Page 4 of 5
------------------------------------------------- Order dated December 19, 2025 ::: Uploaded on - 19/12/2025 ::: Downloaded on - 19/12/2025 23:03:32 ::: 903-wpl-35289-2025.doc Sushil Singhania v. UoI & Ors.
costs and charges in this regard shall be borne by the Petitioner.
E. The Petitioner is permitted to serve a copy of this Order, digitally signed by P.S. / P.A. of this Court on the Medical Superintendent of J.J. Hospital, who shall forthwith act on the same.
F. The present Writ Petition shall now be placed on the Supplementary Board on Tuesday, 23rd December, 2025 for further consideration.
[FARHAN P. DUBASH, J.] [R.I. CHAGLA J.]
903-wpl-35289-2025.doc
jsn.
Page 5 of 5
------------------------------------------------- Order dated December 19, 2025 ::: Uploaded on - 19/12/2025 ::: Downloaded on - 19/12/2025 23:03:32 :::