Bombay High Court

SAGAR SUBHASH HATTEversusTHE UNION OF INDIA THR THE SECRETARY OF DEPARTMENT AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court appointed Girjabai, wife of Subhash Hatte, as guardian of her husband, limited to financial transactions, with a prohibition on property transfer without court approval.

Summary

The petitioner sought appointment as legal guardian of his father, who suffers from severe Alzheimer's disease, diabetes, hypertension and ischemic heart disease, alleging the father requires assistance in daily activities and financial matters. The Court first directed the petitioner to obtain a medical board examination, which resulted in a certificate confirming major cognitive impairment. Considering the mother of the petitioner, Girjabai, who is educated up to the 7th standard and still residing with the family, the Court found her to be the most suitable guardian. The Court appointed Girjabai as guardian of the father, limiting the guardianship to management of bank deposits and other financial transactions, and barred any property transfer without court permission. The writ petition was consequently disposed.

Issues considered

Whether a guardian should be appointed for a person with severe cognitive impairment
Whether the petitioner is suitable to be appointed guardian over his father
Whether the mother of the petitioner is a fit and preferable guardian
Scope of the guardianship to be limited to financial matters

Subjects

guardianship
mental incapacity
Alzheimer's disease
financial guardianship
High Court
writ petition

Judgment

2026:BHC-AUG:40395-DB

                                                 1                      WP / 8602 / 2025



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 910 WRIT PETITION NO. 8602 OF 2025

                                     SAGAR SUBHASH HATTE
                                            VERSUS
                            THE UNION OF INDIA THR THE SECRETARY OF
                                    DEPARTMENT AND OTHERS

                                                       ...
                        Advocate for petitioner : Mr. G.A. Gadhe aw/ Mr. Kapil Morey
                              AGP for the respondent – State : Mr. R.S. Wani
                         Standing Counsel for respondent no.1 : Mr. N.T. Tribhuwan
                                                       ...

                            CORAM               : KISHORE C. SANT AND
                                                  JITENDRA JAIN, JJ.

                            DATE                : 2 SEPTEMBER 2026

              PER COURT :

                            Heard learned counsel for the petitioner, Standing Counsel

              for UOI and learned AGP for the respondent.


              2.            The petition is filed with a prayer that the petitioner be

              appointed as a legal guardian of respondent no. 5 who happens to be

              his father suffering from alzheimer and diabetes. It is also prayed that

              in the alternative any other person be appointed as guardian because

              of the mental condition of the father.         This Court, by order dated

              02.04.2026 has directed the petitioner to take his father to Medical

              Board and to submit the report.
                                2                     WP / 8602 / 2025


3.          Thereafter, again an order was passed on 05.05.2026

directing to take the father for the medical examination by the Medical

Board at Latur. By order dated 12.05.2026, this Court had modified the

order suitably, since in the Government Medical College and Hospital

at Latur, the post of Neuro Physician was vacant, one Dr. Devashish

Ruikar, Neuro Physician was made a member of the Medical Board.

Be that as it may.


4.          Now the certificate is issued and is produced on record

dated 18.05.2026, showing condition of respondent no. 5 as ‘Major

Cognitive Impairment (Most Probably Alzeimer’s disease severe) with

HTN with DM with IHD.’. The remark shows that because of severity of

Cognitive Impairment, he needs assistance in day to day activities.


5.          Considering this and the prayers and finding that the

mother of the petitioner, namely, Girjabai W/o Subhash Hatte, who is

respondent no. 6 is still there, we enquired that whether she is

educated and capable of taking care and decisions on behalf of

respondent no. 5, it is informed that she is educated up to 7 th standard

and 66 years of age. We thus find that she would be the best person to

take care of respondent no. 5 being his wife.


6.          It is also informed that all the brothers are staying in the

same premises. The guardian is to be appointed only for taking care
                                 3                       WP / 8602 / 2025


about the bank deposits etc. and other financial transactions. In the

fitness of the things and in the peculiar facts of the case, we appoint

respondent no. 6 – Girjabai W/o Subhash Hatte as a guardian of

respondent no. 5.      We make it clear that no property shall be

transferred if standing in the name of respondent no. 5 without seeking

permission from the appropriate Court.


7.           Writ petition is disposed of accordingly.




       [ JITENDRA JAIN ]                     [ KISHORE C. SANT ]
            JUDGE                                 JUDGE

arp/

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