Nimesh Narhar Khadilkar v. Bhavana Vishwanath Date
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 8 OF 2026 Nimesh Narhar Khadilkar & Anr.
...Petitioners
Mr. Suyash Gadre with Ms. Srija Singh i/b Alathea Law LLP for the Petitioners.
CORAM
:
ABHAY AHUJA, J.
DATE :
27th FEBRUARY, 2026 P.C. :
1.
This Petition filed under Clause XVII of the Letters Patent seeks appointment of the Petitioners as guardians of the person of a 58 year old Ms. Bhavana Vishwanath Date ("Bhavana") and also as manager of her properties.
2.
Mr. Gadre, learned Counsel appears for the Petitioners and submits that the jurisdiction of this Court under Clause XVII of the Letters Patent has been invoked in view of the deteriorating schizophrenic condition of Bhavana, who is the maternal cousin of the Petitioners. Mr. Gadre submits that although till 23rd April, 2025, Bhavana had been attending her services with the LIC, however, since then she has not been going for her job as her condition has worsened so much so that she was moved from her residence in Vile Parle to Digitally signed by NIKITA YOGESH GADGIL Date:
2026.02.27 19:32:05 +0530 NIKITA YOGESH GADGIL 1/3
Thane in November, 2025 and was admitted to a hospital after which she was admitted in Insight Mind Care Centre on 14th November, 2025 and discharged on 16th December, 2025, after improvement in her behaviour, better general condition and after counseling and various therapies done with advice of supervised medication by relatives. 3.
Mr. Gadre submits that due to her violent behavior and other consequential symptoms of chronic schizophrenia, she had to be admitted and is right now also at Thane in assisted care. Mr. Gadre submits that although the Petitioners have spent their own monies of over Rs. 4 lacs in her care, since it is becoming increasingly difficult and also since while cleaning her house in Vile Parle, her assets which are listed at Exhibit-I, Page 43 onwards were found, this Court may not only consider appointing the Petitioners as guardians of the person of Bhavana, but also as manager of her assets, so that the assets can be used for her treatment.
4.
Before passing any orders and granting prayers sought for in this Petition, it would be imperative to ascertain the factual physical, mental and psychological condition of Bhavana and adopt the practice that has been followed in earlier matters, to have Bhavana examined by a 2/3
Medical Board.
5.
Accordingly, the following order is passed:-
ORDER
(i) Since Bhavana is presently in Thane at Humanity Clinic, M. G. Road, Naupada, Thane (W) - 400602, this Court directs the Superintendent of the Regional Mental Hospital, Thane to constitute a Medical Board consisting of experts including in the field of diagnosis and treatment of schizophrenia to visit and examine Bhavana and to submit a report within a period of four weeks. (ii) The Advocate for the Petitioners to coordinate with Superintendent of the Regional Mental Hospital, Thane. (iii) Let copy of this order be communicated to the Superintendent of the Regional Mental Hospital, Thane.
6.
Considering the sensitive nature of this matter, list on 9th April, 2026 at 5.00 p.m. in the Mini Conference Room. 7.
All concerned to act on a copy of this order duly authenticated by the Court Associate.
(ABHAY AHUJA, J.) 3/3