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Bombay High Court
Hiral P. Patel vs Sonal P. Patel on 2 February, 2026
501. GP(L) 3526.2026
Hiral Vs. Sonal
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GUARDIANSHIP PETITION (L) NO. 3526 OF 2026
Hiral P. Patel ... Petitioner
V/s.
Sonal P. Patel. ... Respondent
_______________________________________
Adv. Mustafa Doctor (Senior Advocate), Adv. Spenta Havewala, Adv. Munaf
Virjee, Adv. Anuya Pathare, Adv. Shruti Salian i/b. Amar Law for the
Petitioner.
Petitioner present on Video call
Ms. Sheetal Shah for Respondent
Respondent present in person
_______________________________________
CORAM : FARHAN P. DUBASH, J.
Date : 2nd FEBRUARY 2026
P. C :
1. Upon mentioning, the matter was taken in Chambers at 5.00
p.m.
2. The present Guardianship Petition has been filed by the
Petitioner, Ms. Hiral P. Patel, who seeks the appointment of a Guardian of her
grandmother, Mrs. Kokilaben Kanubhai Patel (the patient), who is 92 years
old. The Respondent - Mrs. Sonal P. Patel, is the mother of the Petitioner and
daughter of the patient.
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Order dated 2nd February 2026
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501. GP(L) 3526.2026
Hiral Vs. Sonal
3. Without going into the merits of the matter and purely as a pro
tem arrangement, the following order is passed with the consent of both
parties and which is without prejudice to their rights and contentions, in
particular that of the Respondent, who is yet to put in her response to the
assertions made in the present Guardianship Petition :
: ORDER :
(i) Dr. Mazda Keki Turel, Consultant (Brain and Spine)
Neurosurgeon at Wockhardt Hospital (Mobile No. 9930174567 -
E-mail : [email protected]) is hereby appointed as the
Medical Expert to examine the patient - Mrs. Kokilaben
Kanubhai Patel, who is residing in Bungalow No.1 (Row House
Nos. 1 and 2) in Benhur, behind Benhur Apartments, 32,
Narayan Dabholkar Road, Mumbai 400 006 and submit a
Medical Report on her present condition.
(ii) In particular, the Medical Expert shall assess and opine on
whether the patient is incapacitated and if so, to what extent. He
shall also examine and assess as to whether the patient is
bedridden and able to communicate effectively and coherently
and is in a proper mental state of mind and aware of her
surroundings. He shall further assess and opine as to whether
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Order dated 2nd February 2026
501. GP(L) 3526.2026
Hiral Vs. Sonal
the patient is capable of taking care of herself and her day-to-
day activities and also whether she is capable of managing her
own affairs. If the Medical Expert is unable to give his
professional medical/expert opinion on any of the queries stated
hereinabove, he is at liberty to state so in his report.
(iii) For the purposes of conducting such examination, the
Medical Expert is requested to attend the residence of the
patient, at the address mentioned hereinabove, on any date and
at a time that is suitable to him, preferably after giving atleast
72 hours prior notice of his said visit to the Advocates of the
Petitioner and Respondent at the below mentioned E-mail
addresses :
Advocate of the Petitioner -
[email protected]
[email protected]
Advocate of the Respondent -
[email protected]
(iv) The Medical Expert is requested to complete this exercise
on or before 16th February 2026 and submit his report in a
sealed envelope to this Court through the Advocate for the
Petitioner. The Medical Expert shall not disclose his findings to
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Order dated 2nd February 2026
501. GP(L) 3526.2026
Hiral Vs. Sonal
any of the parties. If the Medical Expert requires, he is
permitted to visit the patient on more than one occasion. If the
Medical Expert requires, any/all prior medical history and/or
reports shall be made available to him by the Respondent, who
is presently staying with the patient.
(v) During the home visit of the Medical Expert, besides the
nursing staff of the patient that is stated to be looking after her,
only the following persons are permitted to remain present in
the room :-
(a) The Respondent
(b) The Advocate of the Respondent
(c) The Petitioner
(d) The Advocate of the Petitioner
The Medical Expert is also at liberty to examine the patient
without any of the afore-mentioned persons remaining present
in the room and only in the presence of her regular nursing staff
or caregiver.
4. The Petitioner is permitted to serve a copy of this order, digitally
signed by the PA/PS of this Court on the Medical Expert, who is requested to
forthwith act on the same.
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Order dated 2nd February 2026
501. GP(L) 3526.2026
Hiral Vs. Sonal
5. The present Guardianship Petition shall be placed on Board on
18th February 2026 for further directions.
6. Prior thereto, the Respondent shall file and serve a copy of her
Affidavit-in-Reply to the present Guardianship Petition on or before 16 th
February 2026.
7. Stand over to 18th February 2026.
( FARHAN P. DUBASH, J. )
Jyoti Pawar
JYOTI by JYOTI
PRAKASH
PRAKASH PAWAR
PAWAR Date: 2026.02.02
20:17:52 +0530
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Order dated 2nd February 2026
