MINOSHKA NOELLA DSOUZA AND ANRversusUNION OF INDIA THR ITS SECRETARY AND ORS

PDP                                                 35-WP-8076-2026.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
                 WRIT PETITION NO. 8076 OF 2026

Ms. Minoshka Noella Dsouza & Anr.       .. Petitioners

             Vs.

Union of India & Ors.                   .. Respondents
                               ...
Mr. Bhushan Raut a/w Mr. Kiran Shinde for the Petitioners.
Smt. Neha S. Bhide, Government Pleader with Mr. P. P. Kakade, Addl.
Govt. Pleader with Smt. G. R. Raghuwanshi, AGP for Respondent
Nos.2 and 3-State.
                               ...
           CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                     ADVAIT M. SETHNA, J.

            DATE     : 5th OCTOBER, 2026.

P.C. :

1.    Pursuant to the Order passed by this Court on 18 th September,

2026, learned Counsel for the Petitioner tendered an Affidavit

disclosing statement of accounts/estate of Mr. Ralph Anthony

Dsouza, which is taken on record.



2.    Both the Petitioners claim to be biological daughters of Mr.

Ralph Anthony Dsouza. It is stated that their biological mother has

passed away, and their father is presently suffering from Benign

Tumor since 2008 and thereafter there were four subsequent

operations for a recurrent tumor. Consequently, the Petitioners have

invoked the writ jurisdiction of this Court seeking relief under the

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doctrine of ‘parens patriae’, along with relevant statutory provisions

under the Guardians and Wards Act, 1890.



3.    On 19th August, 2026, a co-ordinate Bench of this Court

proceeded to examine the matter and directed the State authorities to

evaluate the medical condition of Mr. Ralph Anthony Dsouza.

Pursuant to the said direction, the learned Additional Government

Pleader for the Respondent-State has submitted a detailed Medical

Report dated 4th September, 2026 issued by the Dean of Sir J. J.

Group of Hospital & Grant Government Medical College, Mumbai. The

Medical Report was already taken on record and marked as “X” for

identification pursuant to Order dated 18 th September, 2026 passed

by this Court.



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

consisting of three doctors, namely : 1. Dr. Akash Cheda, Assistant

Professor, Department of Neurology, 2. Dr. Rushikesh Kharoskar,

Assistant Professor, Department of Neurosurgery and 3. Dr. Madhav

Bondve, Assistant Professor, Department of Psychiatry, all from Sir J.

J. Group of Hospital & Grant Government Medical College, Mumbai .

For ready reference, the same is reproduced hereinunder:

      “   Mr. Ralph Anthony, D’souza was examined on
      03/09/2026 at his residence at Bandra, Mumbai. He is alert

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      and cooperative for examination. He follows verbal commands
      and is able to communicate. He is wheelchair bound and
      needs the assistance to walk. He has poor visual fixation and
      has bilateral vision impairment. He is unable to do simple
      calculation and has recent memory affection. He also suffers
      from intermittent hallucinations.

            He has been operated for bilateral frontal meningioma
      with recurrence and has underwent radiation therapy in the
      past.

            He is dependent on care taker for activities of daily
      living. He is not in a condition to take any legal or financial
      decisions on his own at present. He is unlikely to improve
      fully and needs assistance of relatives for all his needs and
      financial/legal decisions.”

5.    A perusal of the above would indicate that the Medical Board

has opined that the patient’s medical condition is such that he is

dependent on caretaker for activities of daily living, he is not in a

condition to take any legal or financial decisions on his own at

present and he is unlikely to improve fully and needs assistance of

relatives for all his needs and financial/legal decisions.



6.    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.




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      (i)    The Writ Petition is allowed in terms of prayer clauses (a)
      and (b), which read thus: -


             “(a) This Hon’ble court be pleased to issue a writ of
             Mandamus or a writ in the nature of mandamus or any
             other appropriate orders, directions and/or declaration
             whereby the Petitioner that Ms. Minoshka Noella Dsouza
             shall be treated and accepted as the Legal guardian of her
             father Mr. Ralph Anthony Dsouza.

             (b) This Hon’ble court be pleased to issue a writ of
             Mandamus or a writ in the nature of mandamus or any
             other appropriate orders of directions to the Respondents
             and the institutions functioning under them to accept the
             status of the Petitioner No. 01 Ms. Minoshka Noella Dsouza
             as the guardian of her father Mr. Ralph Anthony Dsouza
             and to allow the Petitioner No. 01 to represent the interest
             of her Father Mr. Ralph Anthony Dsouza to discharge the
             function on his behalf.”

      (ii)   The Petitioner No.1 – Ms. Minoshka Noella Dsouza shall

      furnish an undertaking to this Court affirming that she shall

      consistently and diligently care for and maintain her father, Mr.

      Ralph Anthony Dsouza. The said undertaking shall be filed on

      record within a period of 72 hours from uploading of this order.


7.    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.



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                               8.    Accordingly, list the matter on    5th   January,     2027, for

                               compliance.

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

                               order.




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



            Digitally signed
            by PRAVIN
            DASHARATH
PRAVIN      PANDIT
DASHARATH
            Date:
PANDIT      2026.10.06
            17:42:49
            +0530




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