Samyukta Lakshman v. Union Of India Thr The Department Of Health And Family Welfare And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11126 OF 2025 Samyukta Lakshman .....Petitioner Vs.

Union Of India Thr The Department of Health and Family Welfare & Ors.

.....Respondents Mr. Shashwat Rai, i/b Keystone Partners, for the Petitioner. Mrs. M.S.Bane, AGP for Respondent-State.

Ms. Gargi Warunjikar, with Dr. Uday Warunjikar, for Respondent No.1-UOI.

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 20TH AUGUST 2025.

P.C.:- 1.

At the outset, learned counsel for the Petitioner seeks leave to amend the Petition to delete Respondent Nos.3, 4 and 5 and to implead the B. J. Medical College and Sassoon Hospital, Pune, as party Respondent. Leave granted. Amendment to be carried out forthwith. Respondents be renumbered accordingly. 2.

Issue notice to the Respondents. The learned AGP waives notice on behalf of the Respondent No.2-State. Ms. Gargi Warunjikar, learned counsel, waives notice on behalf of the Respondent No.1- 1/3

Union of India.

3.

By this Petition, the Petitioner seeks her appointment as the legal guardian of the Respondent No.3 - Nandini Lakshman (mother of the Petitioner), to administer her properties, movable and immovable.

4.

According to the learned counsel for the Petitioner, the Petitioner is the only daughter of the Respondent No.3 and that the Respondent No.3 is suffering from late-stage Alzheimer's disease resulting in severe cognitive impairment, rendering her incapable of taking any firm decision.

5.

Having heard learned counsel for the Petitioner, we deem it appropriate to direct the Dean of B. J. Medical College and Sassoon Hospital, Pune to constitute a Medical Board to examine the Respondent No.3. After the Medical Board examines the Respondent No.3, the Respondent No.3's medical report be submitted to this Court.

6.

We are informed that the Respondent No.3 is incapacitated and is unable to move. The Respondent No.3 is 2/3

presently residing at Epoch Elder Care, Picasso House, Nyati County, Undri, Pune.

7.

Considering the aforesaid, we request the Medical Board, so constituted, which will also consist of a Neurologist to go to Epoch Elder Care for examining the Respondent No.3. The said exercise to be carried out within three weeks from the date of receipt of this order. The costs of travel to and fro from Pune to Undri, to be borne by the Petitioner.

8.

The learned AGP to forthwith communicate the aforesaid order passed today to the Dean, B. J. Medical College and Sassoon Hospital, Pune, so as to enable them to constitute a Medical Board and submit a report to this Court as stated above. 9.

Stand over to 17th September 2025 on the Supplementary Board.

10.

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

(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.08.22 13:47:06 +0530 SHAMBHAVI NILESH SHIVGAN 3/3