Bombay High Court
Sushil Singhania vs Union Of India Thru Its ... on 24 December, 2025
Author: R.I. Chagla
Bench: R.I. Chagla
2025:BHC-OS:26449-DB
WPL 35289.2025
Sushil Singhania vs. UOI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 35289 OF 2025
Sushil Singhania ... Petitioner
V/s.
Union of India and Ors. ... Respondents
_______________________________________
Mr. Manjunath Hegde for the Petitioner
Ms. Manisha Gawade, AGP for Respondent No.2 and 8
_______________________________________
CORAM : R.I. CHAGLA AND
FARHAN P. DUBASH, JJ.
RESERVED ON : 23rd DECEMBER 2025
PRONOUNCED ON : 24th DECEMBER 2025
ORDER (Per Farhan P. Dubash J.) :
1. The present Writ Petition invokes the extra-ordinary jurisdiction exercised by this Court under Article 226 of the Constitution of India and seeks the appointment of Sushil Singhania - Petitioner, as the legal guardian of his mother - Mrs. Vimla Govind Singhania (Patient) and a further direction to all the Authorities, within the meaning of Article 12 of the Constitution of India, to accept such status for all purposes. Respondent No.9 is the husband of the patient whilst Respondent No.10 is the daughter of the patient and the sister of the Petitioner. Both Respondent Nos. 9 and 10 have given their respective Affidavits Page 1 of 9
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Order dated 24th December 2025 ::: Uploaded on - 24/12/2025 ::: Downloaded on - 24/12/2025 21:14:39 ::: WPL 35289.2025 Sushil Singhania vs. UOI of No Objection, consenting to the Petitioner being appointed as the legal guardian of the Patient. These Affidavits are at Exhibits 'T' and 'U' respectively to the present Writ Petition.
2. Mr. Manjunath Hegde, learned Counsel for the Petitioner submits that the Patient, who is 83 years of age, is suffering from severe Dementia and is unable to perform her day to-day activities on her own or use her mental faculties or make decisions. He submits that the condition of the Petitioner is such that her affairs cannot be managed without the appointment of a legal guardian. The Patient is also stated to suffer from Alzheimer's Disease and several other ailments and is currently on a Ryles tube inserted through her nostrils for feeding and she cannot speak nor follow any commands nor is responsive to stimuli.
3. Accordingly, Mr. Hegde seeks to invoke the doctrine of 'parens patriae', as he contends that there is no law for the time being in force in our country which provides for appointment of a legal guardian of an adult with such disability.
4. Mr. Hegde further submits that considering the present medical condition of the Patient, it is imperative that her son, the Petitioner Page 2 of 9
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Order dated 24th December 2025 ::: Uploaded on - 24/12/2025 ::: Downloaded on - 24/12/2025 21:14:39 ::: WPL 35289.2025 Sushil Singhania vs. UOI herein be appointed as her legal guardian, as there are no provisions under any other legislation including inter alia The Mental Health Care Act, 2017; The Hindu Minority and Guardianship Act, 1956; The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999; The Right of Persons with Disabilities Act, 2016; or The Mental Health Care Act, 2017, for appointing a spouse or child or sibling of an aged person suffering from mental health issues like Alzheimer's Disease and Dementia, that the Patient is suffering from in the present case, to be the legal guardian of such person.
5. Mr. Hegde has also invited our attention to a list of the movable and immovable assets of the Patient, details of which are set out in Paragraph 3.10 of the present Writ Petition which inter alia includes a Public Provident Fund (PPF) Account with the State Bank of India, Savings Account with the State Bank of India jointly with the Petitioner and Respondent No.8, three lockers in State Bank of India jointly with the Petitioner and Respondent No.8, Demat Account with HDFC Bank/Securities, Joint Owner of a plot of land admeasuring 4862 sq. mtrs. together with the Petitioner and the Respondent situated at CTS No.63, Survey No.33, Hissa No.1, Village Daravali, Malad (West), Mumbai - 400 064, sole owner of Flat No.1702 in Page 3 of 9
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Order dated 24th December 2025 ::: Uploaded on - 24/12/2025 ::: Downloaded on - 24/12/2025 21:14:39 ::: WPL 35289.2025 Sushil Singhania vs. UOI Rustomjee Ozone CHS at Goregaon (West), Mumbai 400 104, Joint Owner of a Flat in the Malad CHS at Malad (East), 7/1, Poddar Park, Malad (East), Mumbai - 400 009, 50% share in the registered partnership Firm of "Arun Commercial Corporation", 1050 shares in Singhania Investment and Leasing Limited, Member of the Govind Singhania HUF, Trustee and Signatory to the 'Anandibai Shankarlal Singhania Foundation'. The Patient is also stated to have borrowed a loan amounting to Rs. 1,38,18,881/- from HDFC Bank for the partnership firm of Arun Commercial Corporation of which, principal amount of Rs.84,34,956/- is stated to be pending and a monthly EMI of Rs.4,29,854/- is being paid every month.
6. Ms. Manisha Gawade, learned AGP appears for Respondent Nos.2 and 8 and submits to the orders of this Court.
7. Considering the nature of the reliefs sought in the present Writ Petition, and so as to ascertain the present medical condition of Respondent No.4, an order came to be passed by this Court on 18 th December 2025, directing the Dean of the Grant Medical College and Sir J.J. Group of Hospitals at Mumbai (J.J. Hospital) to constitute a Medical Board comprising of a Psychiatrist and one Psychologist (Medical Board) to examine the Patient and report on her present Page 4 of 9
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Order dated 24th December 2025 ::: Uploaded on - 24/12/2025 ::: Downloaded on - 24/12/2025 21:14:39 ::: WPL 35289.2025 Sushil Singhania vs. UOI medical condition to this Court.
8. Pursuant thereto, a report dated 22nd December 2025 (Medical Report) is placed on record by the Chief Medical Officer of J.J. Hospital Medical Superintendent. A perusal of this Medical Report would reveal that pursuant to the said order, a Medical Board comprising of Zainab Khan (Clinical Psychologist), Dr. Harita Kumar (Assistant Professor), Department of Psychiatry, and Dr. Shashank Nagendra (Assistant Professor), Department of Neurology was constituted to conduct the medical examination of the Patient.
9. A perusal of the said Medical Report would reveal that the Patient is suffering from Alzheimer's disease, Chronic Obstructive Pulmonary disease, Obstructive airway disease, Deranged thyroid functions, severe pulmonary hypertension, Osteoarthritis of bilateral knee joints, Pelvic vault prolapse with neuromuscular dysphagia. Further, the Patient is stated to have no spontaneous response or response to any verbal stimuli even though, she is conscious. The Patient also has a feeding tube and urinary catheter in situ. The Patient is stated to suffer from major neurocognitive decline due to Alzheimer's Disease and she is stated to be on appropriate management from her treating physicians. The Patient is also stated to be entirely dependent on Page 5 of 9
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Order dated 24th December 2025 ::: Uploaded on - 24/12/2025 ::: Downloaded on - 24/12/2025 21:14:39 ::: WPL 35289.2025 Sushil Singhania vs. UOI caregivers for her daily routine activities and day to-day functioning and she is unable to take any major or financial decision independently. The Medical Report dated 22nd December 2025 is taken on record together with the covering letter and marked "X" for identification. We accept the contents of this Medical Report.
10. We have heard the parties and perused the record available before us, with their able assistance. The findings and observations in the Medical Report sufficiently disclose the present medical condition of the Patient and this Court is satisfied with the same, moreso when, there is no opposition from the other Respondents.
11. In an earlier Judgment of this Court pronounced on 29 September 2025 in Meena Bharat Mehta and Another vs. Union of India & Ors. passed in Writ Petition (L) No. 25509 of 2025, this Court had considered a similar situation where the patient in that case suffered from Alzheimer's Dementia. After a detailed analysis of the relevant legislations in the country concerning the welfare of persons who are incapable of taking care of themselves and by invoking the doctrine of 'parens patriae', this Court exercised its extraordinary jurisdiction under Article 226 of the Constitution of India and appointed the wife of such patient, as his legal guardian after relying upon several past Page 6 of 9
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Order dated 24th December 2025 ::: Uploaded on - 24/12/2025 ::: Downloaded on - 24/12/2025 21:14:39 ::: WPL 35289.2025 Sushil Singhania vs. UOI pronouncements of this Court. The said Judgment would squarely also apply to the present case where the Petitioner who is the son of the Patient is seeking his appointment as the legal guardian of his father.
12. In another Judgment of this Court pronounced on 17 October 2025 in Amisha Gopal Ahuja and Another vs. State of Maharashtra & Ors. passed in Writ Petition (L) No. 28372 of 2025, this Court considered a similar situation where the patient in that case suffered from multiple debilitating chronic medical and psychiatric conditions including inter- alia schizophrenia and appointed his daughters, as his legal guardians. Similarly, in another Judgment of this Court pronounced on 4 November 2025 in Sanjay Narahar Malshe and Ors. vs. Union of India and Ors. passed in Writ Petition (L) No. 31305 of 2025, this Court appointed the son of a patient, who was his mother and suffering from dementia, as her legal guardian.
13. Considering the legal position laid down in the aforementioned decisions of this Court in Meena Bharat Mehta (supra), Amisha Gopal Ahuja (supra), Sanjay Narahar Malshe (supra) and the factual position recorded above and after noting the contents of the Medical Report Page 7 of 9
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Order dated 24th December 2025 ::: Uploaded on - 24/12/2025 ::: Downloaded on - 24/12/2025 21:14:39 ::: WPL 35289.2025 Sushil Singhania vs. UOI dated 22nd December 2025 submitted by the Medical Board of J.J. Hospital, this Court deems it fit to allow the present Writ Petition and appoint the Petitioner as the legal guardian of the person and properties, both movable and immovable, of his mother, Mrs. Vimla Govind Singhania.
14. Accordingly, the following order is passed: -
ORDER
(i) Sushil Singhania, Petitioner herein is appointed as the legal guardian of his mother, Mrs. Vimla Govind Singhania.
(ii) All authorities shall accept Sushil Singhania as the legal guardian of his mother, Mrs. Vimla Govind Singhania and permit him to operate her bank accounts and other accounts and also open a new account, if he so desires and also manage her movable and immovable properties that are set out in Paragraph 3.10 of the present Writ Petition and also in Paragraph 5 of this order.
(iii) The present Writ Petition is accordingly disposed of in the above terms.
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Order dated 24th December 2025
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WPL 35289.2025
Sushil Singhania vs. UOI
(iv) There shall be no order as to costs.
( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. )
Jyoti Pawar
WPL 35289.2025
Digitally signed
JYOTI by JYOTI
PRAKASH
PRAKASH PAWAR
PAWAR Date: 2025.12.24
15:57:33 +0530
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Order dated 24th December 2025 ::: Uploaded on - 24/12/2025 ::: Downloaded on - 24/12/2025 21:14:39 :::