Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 19188 (BOM)

DAVDATTA KRISHNA PURANIK v. THE STATE OF MAHARASHTRA THR. THE SECRETARY AND ORS.

WP/5970/2026 · 2026-10-06

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

*1* 920-wp-5970-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 920 WRIT PETITION NO. 5970 OF 2026 Davdatta Krishna Puranik VERSUS The State Of Maharashtra Through The Secretary And Ors. ... Mr. Pallav Sinha a/w. Mr. Nikhil P. Runwal And Mr. Ganesh B. Kharat, Advocate for the Petitioner Mr. S. R. Wakle, AGP for Respondents/State ... CORAM : NITIN B. SURYAWANSHI & ABASAHEB D. SHINDE, JJ. DATE : 06th OCTOBER 2026 P. C. :- 1. This petition is filed under Article 226 of the Constitution of India invoking doctrine of parens patriae. 2. The petitioner, who is son of Smt. Alka Eknathrao Hirve, age-65 years, is praying that he be appointed as the legal guardian of his mother who is stated to be suffering from Parkinson’s disease with dementia. 3. Considering the averments made in the Writ Petition, we directed the mother of the petitioner to be examined by the Medical Board, Government Medical College and Hospital, Chh. Sambhajinagar, comprising of Neuro Physician. The medical Board to certify as to whether the mother of the petitioner is Narwade 2026:BHC-AUG:47635-DB *2* 920-wp-5970-2026 suffering from parkinson and dementia and to what degree. 4. Pursuant to our direction, mother of the petitioner was examined by the Medical Board, comprising of Neuro Physician and the Board has certified that “patient examined by Expert Neuoro Physician and has advanced Parkinson’s Grade-V with dementia. 5. In the light of the aforestated certificate, the case of the petitioner is squarely covered by the decision of the Co-ordinate Bench this Court in Paritosh and Others Vs. Union of India and others reported in 2025 SCC Online Bom.1303. 6. In the light of the Medical Certificate, and for the reasons stated in the above decision, Writ Petition is allowed in the following terms : :: ORDER :: i. The petitioner, Davdatta Krishna Puranik shall be treated and accepted as a legal guardian of his mother, namely, Smt. Alka Eknathrao Hirve. ii. All Authorities shall accept the status of the petitioner, Devdatta Krishna Puranik as a legal guardian of his mother, Smt. Alka Eknathrao Hirve and allow him to operate the Bank Accounts and manage the movable and immovable properties of Narwade *3* 920-wp-5970-2026 Smt. Alka Eknathrao Hirve, as set out at Exhibit-C (page 19 of the petition). iii. Writ Petition is accordingly disposed of in above terms. NO order as to costs. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Narwade