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Bombay High CourtWP/9447/2025allowed

Sarita Pralhad Sawant And ORS v. State Of Maharashtra Thr Principal Secretaryand ORS

2025-07-15Hon'Ble Justice Dr. Neela Kedar Gokhale , Hon'Ble Justice Revati Mohite Dere3 pages

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2025.07.16 14:55:37 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9447 OF 2025 Sarita Pralhad Sawant and Ors.

...Petitioners

Versus

State of Maharashtra and Ors.

...Respondents

Mr. V. D. Ruparelia a/w Mr. Bhavin Suchak i/b Mr. Vikas Tiwari for the Petitioners Ms. Pooja Patil, A.G.P for the Respondent-State. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 15th JULY 2025 P.C. :

1.

By this petition, the petitioner Nos.2 to 4 seek their appointment as joint legal guardians of their sister i.e. respondent No.3 - Aparna Pralhad Sawant for managing her personal, medical and financial affairs. It is the petitioners' case that respondent No.3 is intellectually challenged person and as such is incapable to maintain her personal, medical and financial affairs and requires personal attention and medical assistance. The petitioner No.1 aged 89 years is the mother of the petitioner Nos.2 to 4 and respondent No.3. 1/3

2.

From the report, it appears that considering the age, the petitioner No.1 wants her daughters i.e. petitioner Nos.2 to 4 be appointed as joint legal guardians of respondent No.3. 3.

Considering the aforesaid i.e. respondent No.3 is an intellectually challenged person, we direct the B.J. Medical College and Sassoon General Hospital, Pune to constitute a Medical Board consisting of Neurologist and other doctors to examine the respondent No.3. The respondent No.3 to be produced before the Medical Board on the date and time, as may be given by the medical board, so as to enable the Medical Board to examine the respondent No.3 and submit a report to this Court on the next date.

4.

Learned A.G.P. to forthwith communicate the aforesaid order passed today to the Dean, B.J. Medical College and Sassoon General Hospital, Pune, so as to enable them to constitute a Medical Board and submit a report to this Court with respect to the medical condition of the respondent No.3.

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5.

Stand over to 5th August 2025. To be listed on the Supplementary Board.

All concerned to act on the authenticated copy of this order.

DR. NEELA GOKHALE, J.

REVATI MOHITE DERE, J.

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