Rajesh Jayanand Nagjee v. Gouri Jayanand Nagjee

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 6 OF 2026 by JYOTI PRAKASH PAWAR Date:

2026.03.30 11:47:48 +0530 JYOTI PRAKASH PAWAR Rajesh Jayanand Nagjee ..

Petitioner V/s.

Gouri Jayanand Nagjee ..

Respondent WITH INTERIM APPLICATION NO. 1016 OF 2026 IN GUARDIANSHIP PETITION NO. 6 OF 2026 Rajesh Jayanand Nagjee ..

Applicant V/s.

Gouri Jayanand Nagjee ..

Respondent WITH INTERIM APPLICATION NO. 1080 OF 2026 IN GUARDIANSHIP PETITION NO. 6 OF 2026 Rajesh Jayanand Nagjee ..

Applicant V/s.

Gouri Jayanand Nagjee ..

Respondent ______________________________________ Ms. Archana Deshmukh a/w Ms. Anjana Devi a/w Ms. Avni Singhania i/b Singhania & Co. for Petitioner/Applicant.

Mr. Kunal Mehta, Mr. Rahul Kamerkar and Ms. Paulomi Mehta i/b Mr. Gaurav Saxena for Respondent.

_______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE :

27th MARCH 2026 P.C.:

INTERIM APPLICATION NO. 1016 OF 2026 1.

On instructions, the Applicant seeks to withdraw the present

Interim Application. Accordingly, the present Interim Application is disposed of as withdrawn.

INTERIM APPLICATION NO. 1080 OF 2026 2.

By an order dated 13th February 2026, this Court had directed a pro tem arrangement without prejudice to the rights and contentions of the parties. Under that arrangement, Dr. Rohaan Bokdawala who is the doctor of the patient and has been treating the patient was permitted to recommend the name of an agency which would supply one or two nursing staff as per his recommendation to provide the necessary care to the patient under his direct supervision and instructions. The costs and charges in this regard were to be borne by the Petitioner.

3.

After this order was passed, parties state that the same has since been implemented inasmuch as one nursing staff has been appointed to look after the patient. However, since then, it appears that the Respondent on account of medical treatment has been shifted to the hospital. During this time, the patient was also required to be treated at the hospital for couple of days. Post such treatment, the patient has returned back to her residence and upon her return, an additional nursing staff has also been provided at the recommendation of Dr. Bokdawala. The costs and charges in respect of which are being borne by the Petitioner.

4.

Ms. Archana Deshmukh, learned Counsel who appears on behalf

of the Petitioner, submits that considering the recent developments, Dr. Bokdawala has suggested various changes that are required to be made at the residence of the patient, some of which include fixing of railings, removal of internal door locks, etc.

5.

It is clarified that Dr. Bokdawala shall be permitted to recommend any course of treatment, which would include changes, if any that are required to be made in the residence of the patient for her wellbeing and such changes shall be carried out by the Petitioner at his costs. Needless to state that, prior to carrying out any change in the residence of the patient, the exact change should be specified by Dr. Bokdawala in written instructions under his signature. A copy of this instructions shall immediately be provided to the Respondent prior to such change being carried out at the residence.

6.

List the Interim Application together with a Guardianship Petition for final hearing on 24th April 2026. 7.

If any parties are desirous of filing subsequent reports, etc, they are permitted to do so, on or before the next date. ( FARHAN P. DUBASH, J. ) Shubham Gadhavepatil