Anita Kishore vs Union of India through the Department of Health and Family Welfare and 4 Ors. — Bombay HC (2025) — LawSathi Research

Anita Kishore vs Union of India through the Department of Health and Family Welfare and 4 Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner Anita Kishore appointed sole legal guardian of the person and movable and immovable properties of her husband Kishore Shreedharan, subject to conditions (operation of joint bank accounts permitted; no transfers/gifts/distributions to herself or family beyond Kishore's needs without prior leave of the Court; immovable property to be managed in his best interest but not transferred or alienated without consent of this Court or a court of competent jurisdiction; income to be deposited in the designated savings account; liberty to seek Court permission for any required transfer). Joint appointment with Respondent No.4 as prayed was declined. The Court recorded: 'Petition stands disposed off in the aforesaid terms', and the Interim Application likewise stands disposed of; parties to act on an authenticated copy.

Issue for consideration

Whether the Petitioner (wife) and Respondent No.4 should be declared and appointed as legal guardians of the person and properties of Kishore Shreedharan, who suffers from psychosis, depression and dementia after Grade-IV Subarachnoid hemorrhage and cannot administer his movable and immovable properties or bank accounts. +1 more

Court's answer

On the legal and factual position, particularly the Medical Board report of Sir J.J. Group of Hospitals, the Court had no hesitation in appointing the Petitioner as legal guardian of the person and properties of her husband Kishore.

Ratio / Principle

The Petitioner is appointed as legal guardian of Kishore alone, and not jointly with Respondent No.4 as sought in the prayers.

Key takeaways

The Court rejected counsel's justification for Respondent No.4's joint appointment (based on the joint Will executed by the Petitioner and Kishore), stating it was not impressed with that reasoning.ratio¶8
As legal guardian, the Petitioner may draw on the joint bank accounts held in the name of Shri Kishore, singly and jointly with herself.ratio¶9(a)
The Petitioner shall not effect any transfers, gifts or other distributions to herself or to any other family members, save and except for the needs of Shri Kishore.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction), Interim Application No. 3696 of 2024 in Writ Petition No. 5157 of 2024; Coram: Revati Mohite Dere & Dr. Neela Gokhale, JJ.; decided 18 March 2025. Acting on a Medical Board report of Sir J.J. Group of Hospitals, Mumbai (submitted 24 February 2025 pursuant to the Court's order of 24 January 2025) recording that Kishore Shreedharan (61) suffers global cognitive decline following Grade-IV Subarachnoid hemorrhage, with psychosis, severe depression and dementia, is unfit to make legal and financial decisions independently, cannot provide informed consent, and is unlikely to recover completely, the Court appointed his wife, the Petitioner Anita Kishore, as legal guardian of his person and of his movable and immovable properties. The prayed-for joint appointment of Respondent No.4 (the Petitioner's aunt) was declined, the Court not being impressed by counsel's reasoning founded on the couple's joint Will and Testament. Consent affidavits of Respondent Nos.4, 5, 6 and 7 were noted and the Court personally interacted with Respondent Nos.4, 5 and 7. Conditions imposed: the guardian may draw on Kishore's joint bank accounts singly and jointly; she shall not effect transfers, gifts or distributions to herself or any family member save for Kishore's needs without prior leave of the Court; she may manage immovable property in his best interest but may not transfer or alienate it without the consent of this Court or a court of competent jurisdiction; all income from such property is to be deposited in the designated savings bank account; she remains at liberty to apply to the Court for permission where transfer becomes necessary. Petition and Interim Application disposed of accordingly; parties to act on authenticated copy.

Procedural history

How this case reached the court

AI extract

Prior proceeding
By order dated 24 January 2025, the Court directed the Grant Government Medical College & Sir J.J. Group of Hospitals, Mumbai to constitute a Medical Board (including a Neurologist) to examine the physical and mental health of Shri Kishore and report to the Court.¶2
Prior proceeding
Medical Board report dated 24 February 2025 submitted by Dr. Sanjay Surase, Medical Superintendent, Sir J.J. Group of Hospitals; taken on record and marked 'X' for identification; signed by Dr. Akash Chheda, a Member of the Board.¶2
Prior proceeding
Impression in the Medical Board report: global cognitive decline; unfit to make legal and financial decisions independently.¶2
Prior proceeding
Medical Board conclusion: complete recovery unlikely; recovery likely to be a delayed process.¶2
Prior proceeding
Report confirms Petition averments: Kishore is 61 years old, suffers severe depression, impaired cognitive scores (orientation, attention, verbal memory, etc.), unable to take decisions or give informed consent.¶3
Prior proceeding
Respondent Nos.4 and 5 filed Affidavits of Consent dated 21 September 2024, affirmed before a Notary Public, consenting without objection to the Petitioner's appointment as legal guardian.¶4
Prior proceeding
Respondent Nos.6 and 7 filed affidavits dated 5 March 2025, affirmed before a Notary Public, giving consent; Respondent No.6 absent from Court but her affidavit was carefully perused.¶4
Prior proceeding
Court personally interacted with Respondent Nos.4, 5 and 7 and satisfied itself that they understood the Petition and consented to it.¶4
Prior proceeding
Per counsel (Mr. Agiwal): the Petitioner and Kishore executed a joint Will and Testament bequeathing their properties to the survivor and thereafter to their son Rohan.¶6
Prior proceeding
Per counsel: Kishore is sole beneficiary under his father's Will in respect of one flat at Mumbai, presently their residential home.¶6
Prior proceeding
A Testamentary Petition is pending before the Courts of law.¶6