Case Note & Summary
This matter involved a petition filed under Article 226 of the Constitution of India invoking the doctrine of parens patriae by petitioners, who are the son and daughter of Smt. Madhura Manmohan Khanvilkar, aged 78 years. The petitioners sought the appointment of the daughter, petitioner no. 2, as guardian of their mother who was stated to be suffering from dementia and a severe degree of cognitive impairment. On 19 March 2025, the court directed the Dean of Byramjee Jeejeebhoy Medical College and Sassoon General Hospital, Pune, to constitute a Medical Board of experts to visit the residence of petitioner no. 2 where Smt. Madhura Khanvilkar resided, to examine her and make a report of her medical condition to be forwarded to the learned Assistant Government Pleader. A Medical Board was accordingly constituted and conducted the examination. The matter was listed for oral judgment on 15 April 2025, wherein the court considered the report of the Medical Board. The primary legal issue concerned the invocation of parens patriae jurisdiction under Article 226 for the purpose of appointing a guardian for a person suffering from dementia. The court’s analysis focused on the necessity of a medical assessment to determine the extent of the subject’s cognitive impairment before any order of guardianship could be passed. No final decision on the appointment of guardian was recorded in the provided text, only the procedural step of directing the medical examination. The judgment remained limited to the court’s initial direction for medical evaluation, with further orders to follow based on the medical report.
Headnote
A) Constitutional Law - Parens Patriae - Guardianship for elderly person with dementia - Article 226, Constitution of India - Exercise of parens patriae jurisdiction necessitated medical examination to ascertain extent of cognitive impairment before considering appointment of guardian - Court directed Dean of medical college to constitute Medical Board to examine the patient and submit report - Held, that a petition under Article 226 invoking parens patriae for appointment of guardian of a dementia patient may necessitate a medical examination to determine the extent of cognitive impairment, and the court may direct constitution of a Medical Board for that purpose (Paras 1-2).
Issue of Consideration
Whether the daughter should be appointed as guardian for her mother (dementia patient) under Article 226 invoking parens patriae jurisdiction
Final Decision
Court directed constitution of Medical Board to examine the patient and submit a report; further orders to be passed thereafter.
Law Points
- doctrine of parens patriae
- parens patriae jurisdiction
- appointment of guardian under Article 226 for person suffering from dementia
