Bombay High Court

YASH AJAY SHAH AND ANRversusSTATE OF MAHARASHTRA THR THE GOVERNMENT PLEADER

Decided: 23 September 2026
Disposal: Disposed Off

Holding

The Court appointed the petitioners as guardians of Mrs. Rashmi Ajay Shah, granting them full authority to manage her personal, medical, and financial affairs.

Summary

The petitioners, siblings of Mrs. Rashmi Ajay Shah, filed a writ petition invoking the doctrine of parens patriae to obtain guardianship over their mother, who suffers from chronic spastic quadriparesis and is mentally incapacitated following a pontine haemorrhage. The High Court directed a medical board to assess her condition, which concluded that she lacks the mental and physical capacity to make independent decisions regarding her care, property, and finances. Relying on the Guardians and Wards Act, 1890 and the Mental Healthcare Act, 2017, the Court issued a mandamus appointing the petitioners as guardians without remuneration. The order authorises them to manage her medical treatment, welfare, and all movable and immovable assets, including banking and investment matters, and to represent her before authorities. The petitioners were also directed to file a joint undertaking to care for their mother and the matter was listed for compliance monitoring after three months.

Issues considered

Whether the petitioners are entitled to be appointed as guardians of their mother under the Guardians and Wards Act, 1890 and the Mental Healthcare Act, 2017.
Whether the doctrine of parens patriae can be invoked to protect the interests of a mentally incapacitated adult.
Whether the medical board's findings establish the requisite incapacity for guardianship appointment.

Legislation cited

Subjects

guardianship
parens patriae
mandamus
mental incapacity
chronic spastic quadriparesis
medical board report
property management
appointment of guardian

Judgment

Digitally
signed by
MAYUR
MAYUR KONDIRAM
KONDIRAM ADANE
ADANE Date:
2026.09.24
15:01:24
+0530
11-WP-3775-2026 (C).doc

Mayur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 3775 OF 2026

Yash Ajay Shah And Anr ...Petitioners
Versus
State Of Maharashtra Thr The
Government Pleader ...Respondent
...
Adv. Pratik Kothari, a/w Adv. Harsh Agarwal, Adv. Shukhada
Limaye, Adv. Gauravi Aswalkar, for the Petitioners.
Adv. Neha S. Bhide, GP, a/w Adv. Apurva Thipsay, ‘B’ Panel, for the
Respondent.
...

CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.

DATE : 23rd SEPTEMBER, 2026.

P.C.:

1. Both the Petitioners claim to be siblings and biological

children of Mrs. Rashmi Ajay Shah, aged 57 years. It is stated that

their biological father has passed away, and their mother is

presently suffering from a cerebral stroke, rendering her

incapacitated. Consequently, the Petitioners have invoked the writ

jurisdiction of this Court seeking relief under the doctrine of ‘parens

patriae’, along with relevant statutory provisions under the

Guardians and Wards Act, 1890, and the Mental Healthcare Act,

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2017.

2. On 21st July 2026, a co-ordinate Bench of this Court

proceeded to examine the matter and directed the State authorities

to evaluate the medical condition of the patient i.e. Mrs. Rashmi

Ajay Shah. Pursuant to the said direction, the learned counsel for

the Respondent-State has submitted a detailed Medical Report

dated 5th August 2026, issued by the Dean, B. J. Government

Medical College & Sassoon General Hospital, Pune. The same is

taken on record.

3. The clinical diagnosis has been submitted by a Medical Board

consisting of three doctors, namely : 1. Dr. Sanket Gore, (MBBS)

Medical Officer, Sassoon General Hospital, Pune, 2. Dr. Manisha,

Neurologist, (MBBS, MD Medicine, DM Neurology) Assistant

Professor, Department of Medicine, BJGMC and SGH. Pune, and 3.

Dr. Sonali Salvi, (MBBS, MD Medicine) Associate Professor,

Department of Medicine, BJGMC. and SGH, Pune. For ready

reference, the same is reproduced hereinunder:

“MEDICAL REPORT

Subject- Medical examination report of patient Mrs.
Rashmi Shah
• Reference:
1. High Court, A.S.(Writ cell, Mumbai Writ Petition No.
3775/2026
dated 24/07/2026 with reference number
GP/WP/MSB/10871/ 2026
2. Letter from the Dean, B.J.G.M.C. Pune dated

2
11-WP-3775-2026 (C).doc

03/08/2026
O.W.No.337/2026
As per the order of Hon. Bombay High Court, The
Dean, B.J. Medical College and Sassoon General
Hospital, Pune had constituted a medical board on 03-
08-2026 as per reference no 1, to assess the medical
condition of Mrs. Rashmi Ajay Shah. The medical
board of 3 members as signed below have examined
the patient at her residence, Pune on 04-08-2026 at
15:00 hrs. The following findings have been noted by
the committee.
• Name- Mrs. Rashmi Ajay Shah Age- 57 years, Sex-
female
• Address- Rasta Peth, Pune
• Occupation- Home-maker
Place of examination-
Informant- Sona Yash Ajay Shah, Daughter Mrs.
Yukta Ajay Shah Identification marks- Mole over face
near lower jaw on left side
• Date of examination- 04-08-2026
• Medical history-
Chief Complaints
Unresponsiveness - since 1 year and 1 month
History of Present Illness: Patient had loss of
consciousness in June 2025, for which she was
admitted at KEM Hospital on 16-06-2025 Pune, where
she underwent treatment at critical care unit. She was
tracheostomized for the same and was discharged on
19-07-2025, after which she was cared at home.
Patient did not regain her consciousness and remained
the same till date.
Past history- Hypertension - on treatment. History of
missed dose on the day she had stroke.
Family history
- No History of stroke in family
Personal history
- Bladder and bowel incontinence

• Clinical examination-
General examination
Unconscious, Lying supine in bed.
Afebrile, Cachexia+,Pulse -80 /min, BP- 130/70 mmHg,
RR- 14/min Pallort tracheostomy tube in situ. Ryles
tube for feeding noted. Urinary catheter in situ.
No / icterus/ clubbing/ cyanosis/ edema/
lymphadenopathy
Healed bed sore over sacrum noted.

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11-WP-3775-2026 (C).doc

Central Nervous system
- Unconscious, no response to deep painful stimuli
(GCS- E4 VTMI
- Cranial nerve examination: Spontaneous eye opening
+ ocular bobbing. Pupils- B/L normal in size and
reacting to light.
- Motor system:
- Nutrition- Generalized muscle wasting
- Tone: spasticity+ power cannot be tested,
Reflexes +, bilateral plantar: B/L indeterminate

CVS- Heart sounds normal, no murmur
RS- Breath sounds equal. No adventitious sounds.
PA- soft non-tender

• Clinical diagnosis- Chronic spastic quadriparesis
with bladder bowel involvement secondary to Pontine
haemorrhage due to accelerated hypertension, with
healed bed sore and urinary tract infection

Conclusions-
On the basis of medical history from relatives,
previous medical records and clinical
examination, the patient, Mrs Rashmi Ajay Shah,
it is concluded that:
• She is a case of Chronic spastic quadriparesis
with bladder & bowel involvement secondary to
Pontine haemorrhage due to accelerated
hypertension, with healed bed sore and urinary
tract infection.
• She lacks mental and physical Capacity to
make independent decisions regarding her self-
care including medical needs, personal
belongings and financial matters.”

4. A perusal of the above would indicate that, based on clinical

evaluation, the Medical Board has opined that the patient's medical

condition is such that she is not in a fit mental and physical state

to take independent decisions regarding her self-care including

medical needs, personal belongings and financial matters.

4
11-WP-3775-2026 (C).doc

5. Having considered the medical report placed on record and

with the consent of the learned counsel appearing for the respective

parties, the following directions are issued, in terms of the

provisions for appointment of guardian as provided under the

Guardians and Wards Act, 1890, and the Mental Healthcare Act,

2017.

(1) The Writ Petition is allowed in terms of prayer clauses (a),

(b), and (c) which read thus :-

“a) That this Hon'ble Court be pleased to issue a writ of
mandamus and/or any other writ in the nature of mandamus
and/or any other writ, order and/or directions to
declare/appoint the Petitioners as the "Guardians" of their
mother Mrs. Rashmi Shah without any renumeration;
b) That this Hon'ble Court after appointing the Petitioners as
"Guardians" be pleased to permit the Petitioners, jointly and/or
severally do all acts and/or deeds and/or things for the proper
medical treatment and/or nursing and/or welfare of their
mother Mrs. Rashmi Shah;
c) That this Hon'ble Court after appointing the Petitioners as the
"Guardians" be further pleased to authorise and/or permit the
Petitioners, jointly and/or severally to take all such decisions
necessary and incidental for the welfare and benefit of Mrs.
Rashmi Shah, and maintenance of her property and assets,
including to deal with the properties set out at "Exhibit F" and
any other property movable and/or immovable that is found
and/or comes to the knowledge of the Petitioner subsequently,
and to utilise the proceeds thereof for the benefit and upkeep of
Mrs. Rashmi Shah, including the power to;
i. operate all bank accounts in the name of Mrs. Rashi
Shah;
ii. deal with shares, bonds, debentures and other securities
if any in the name of Mrs. Rashmi Shah;
iii. take possession and charge of all moveable and
immovable properties of Mrs. Rashmi Shah;
iv. manage, sell, transfer or otherwise deal with Mrs. Rashmi
Shahs properties both moveable and immovable;
v. invest the moneis of Rashmi Shah;
vi. utilize the monies of Mrs.Rashmi Shah for her proper

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11-WP-3775-2026 (C).doc

upkeep and for fulfilling her needs and requirements;
vii. represent Mrs. Rashmi Shah before all persons,
authorities, civic bodies, any court, tribunal, revenue or quasi
judicial authority.
viii. sign where required as the guardian(s) of Mrs. Rashmi
Shah;
ix. sign all deeds, documents, cheques and instruments as
guardian (s) in respect of any movable and/or immovable
property of Mrs. Rashmi Shah;
x. to file returns, etc, before the tax authorities”

(2) Both the Petitioners shall furnish a joint undertaking to

this Court affirming that they shall consistently and diligently

care for and maintain their mother, Mrs. Rashmi Shah. The

said undertaking shall be filed on record within a period of 48

hours from uploading of this order.

6. The Writ Petition stands Disposed of in the above terms.

However, considering that we are exercising jurisdiction under

doctrine of ‘parens patriae’, interest of justice would be subserved

by listing this matter for monitoring the progress and to report

compliance after three months.

7. Accordingly, list the matter on 23rd December 2026, for

compliance.

8. All concerned parties to act on an authenticated copy of this

order.

[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]

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