[Cites 2, Cited by 0]
Gujarat High Court
Rashilaben Vinodbhai Patel vs State Of Gujarat on 9 February, 2026
NEUTRAL CITATION
C/SCA/12428/2025 ORDER DATED: 09/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12428 of 2025
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RASHILABEN VINODBHAI PATEL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR UTPAL M PANCHAL(1075) for the Petitioner(s) No. 1
MR NIKUNJ KANARA AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1,3
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 09/02/2026
ORAL ORDER
1. Rule, returnable forthwith. Mr. Nikunj Kanara, learned AGP
waives service of rule for the respondents.
2. The present Special Civil Application has been filed praying for
the following reliefs:-
"(A) YOUR LORDSHIP may be pleased to issue writ of mandamus or
any other appropriate writ, order or direction appointing and
treating the petitioner as guardian of her husband Mr. Vinodbhai
Chaturbhai Patel and further be pleased to issue appropriate
directions to all authorities to treat and accept the petitioner as
guardian of her husband Mr. Vinodbhai Chaturbhai Patel and to
allow her to operate or manage the movable and immovable
properties of her husband Mr. Vinodbhai Chaturbhai Patel;
(B) Pending admission, hearing and final disposal of the present
petition, Your Lordships may be pleased to allow the petitioner to
operate or manage the movable and immovable properties of her
husband Mr. Vinodbhai Chaturbhai Patel;"
NEUTRAL CITATION
C/SCA/12428/2025 ORDER DATED: 09/02/2026
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3. The brief facts of the petitioner's case is that the petitioner
married to one Mr. Vinodbhai Chaturbhai Patel on 16.05.1991 and
out of the wedlock, the petitioner has two children i.e. one son and
one daughter. The petitioner submits that earlier the husband of the
petitioner was very intelligent and was doing the business cleverly
and acquired the many immovable properties in the joint name with
the petitioner and also invested a considerable amount in stock
market in the names of "Vinod C. Patel" and "Vinod C. Patel HUF".
Unfortunately, since the year 2020, the mental health of husband of
the petitioner has been deteriorating and he was under treatment of
Neurologist in Zydus Hospital and he was diagnosed Alzheimer
Dementia HTN. Another Neuro Physician was also consulted and he
has issued the certificate. The petitioner submits that since last
about two years, the husband of the petitioner is completely
bedridden and is unable to speak or understand and thus, there is
no communication with him. Under the situation, he is mentally and
physically impaired and is not in condition to read, sign or write and
under the circumstances, he is unable to take care of his properties.
Hence, the petitioner is required to act as his guardian so as to
safeguard the properties and other interest of his husband
Mr. Vinodbhai C. Patel and also to look after his health and her
family.
4. That the petitioner submits that her husband Mr. Vinodbhai
Chaturbhai Patel has acquired the following properties in the Joint
name with the petitioner:-
(1) 31, Sangini Bungalows, Near Sahjanand Bungalows,
Thaltej, Ahmedabad.
NEUTRAL CITATION
C/SCA/12428/2025 ORDER DATED: 09/02/2026
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(2) Flat No.A/14, Aagman Flats, Near Judges Bungalows,
Bodakdev, Ahmedabad and
(3) Office premises at A-410, Stellar, Sindhu Bhavan Road,
Bodakdev, Ahmedabad.
The petitioner also submits that her husband invested a
considerable amount in stock market having Demate Account with
M/s. Pravin Ratilal in the names of "Vinod C.Patel and "Vinod C.Patel
HUF. It is submitted that the petitioner is required to act as his
guardian so as to safeguard the properties and other interest of his
husband Mr. Vinodbhai C. Patel and also to look after his health and
her family.
5. That this Court had called for the medical report vide order
dated 23.12.2025. Today, the learned AGP has produced the
communication dated 06.02.2026 addressed to the Collector,
Ahmedabad by the Civil Surgeon, Ahmedabad along with the
medical report of Mr. Vinodbhai C. Patel. The medical report reads
as under:-
"Medical Team Report
Patient named Vinodbhal Chaturbhai Patel aged 65 years has been
examined in his house 1701, Seventy, Ambl toad, Ahmedabad in
presence of his wife Raseelaben and daughter Sneha on 06
February 2026 11:00 AM onwards by a team of doctors.
As per the opinion of the Neurophysician Following conclusion has
been made by the team:
Patient is symptomatic since last 2015
Started with recent memory loss
Followed by left right disorientation
Followed by calculation difficulty
Followed by Way finding difficulty
Followed by executive dysfunction
Followed by behavioural changes
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C/SCA/12428/2025 ORDER DATED: 09/02/2026
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Followed by social disinhibition
Followed by apathy and language difficulty
On examination: Patient is bedridden since June 2024
GCS is E4M6V1-moving both lower limbs spontaneously
Not oriented to time/place/person
Motor examination: Increased tone in all 4 limbs-left upper limb
contracture Dependent for all activity of daily living since last 2
years
Currently, Patient is
In akinetic rigid mute state
Not able to understand and communicate Detailed clinical
examination not possible in current condition.
Diagnosis:
Functional status: Activity of daily living (ADL) impairment
Clinical Stage: Severe Dementia
Clinical Diagnosis: Probable Alzheimer Disease Dementia
Past history: Hypertension, Dyslipidemia
2015:
HIV-ve
VDRL-ve
2023:S NMDA: +ve(Supratech)
S. NMDA-ve (Unipath)
MRI Brain (2019): Mild dilatation of ventricular system, prominence
of cerebral sulci, cistern, cerebellar folla, suggest atrophic changes
PET Brain (26/11/2020): Significant hypometabolism Involving
posterior cingulate gyrus, bilateral parietal, bilateral temporal
cortex and bilateral precuneus associated with hypometabolism in
bilateral frontal lobes s/o Alzheimer disease.
MRI Brain (2020): Atrophic changes more marked in bilateral
parieto-temporal lobes with corresponding areas of hypometabolism
on PET MR s/o Alzhiemer disease."
6. It is, therefore, submitted that the petitioner be appointed as
a Guardian of Mr. Vinodbhai C. Patel and further to hold and declare
that the petitioner the Manager of all the properties of Mr. Vinodbhai
C. Patel.
NEUTRAL CITATION
C/SCA/12428/2025 ORDER DATED: 09/02/2026
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7. Heard learned advocate for the petitioner and perused the
documents on record.
8. From the medical report, it is clear that Mr. Vinodbhai C. Patel
is bed ridden and unable to carryout daily activities by himself and
needs personal care regularly.
9. That there are various Acts dealing with the appointment of
Guardian for the respective purposes. So far as the persons who are
incapacitated mentally and physically are concerned, there is no
legislative enactment providing for appointment of Guardian and
the Court under Article 226 of the Constitution of India exercises the
jurisdiction akin to parens patriae. The Court has to step in such
cases. Various High Courts have dealt with this issue and have held
that the Court in its extraordinary jurisdiction under Article 226 of
the Constitution of India may act as a parens patriae and can pass
orders by issuing necessary directions sub-serving the ends of
justice. Even this Court in case of Kumudben Arvindbhai Vadera vs.
State of Gujarat - 2020 GLH (4) 507 while accepting the plea of the
petitioner has appointed her as a Guardian by incorporating various
conditions. In view of the consistent view by various High Courts and
also taking into consideration the doctrine of parens patriae, this
Court is inclined to allow the present writ petition along with
necessary directions.
10. In view of the above observations and reasons, the present
writ petition is allowed. The petitioner Rashilaben Vinodbhai Patel
wife of Mr. Vinodbhai C. Patel is declared as Guardian of patient
Mr. Vinodbhai C. Patel and the Manager of the properties mentioned
hereinabove belonging to Mr. Vinodbhai C. Patel and the petitioner
in joint name. The petitioner having been appointed as a Guardian
and Manager is also permitted and authorized to operate the
NEUTRAL CITATION
C/SCA/12428/2025 ORDER DATED: 09/02/2026
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movable and immovable properties including lands and bank
accounts of patient Mr. Vinodbhai C. Patel. In order to ensure that
the present order is adhered to and is observed in true letter and
spirit, following conditions are imposed:-
"i. The petitioner Guardian shall act always in the best
interest of the patient suffering from "comatose state" and
shall be responsible for medical care and treatment.
ii. The petitioner Guardian shall file, every three months, a
report with the Registrar General, High Court of Gujarat,
adverting to the transactions undertaken by the petitioner
Guardian in respect of the movable and immovable properties
as indicated in the writ petition. Besides, the report shall also
indicate the funds, if any, received by the Guardian and their
utilization, for the purpose of maintaining the patient.
iii. The Registrar General, High Court of Gujarat, shall cause
a separate register to be maintained which shall set out, inter
alia, the details of the proceedings, the details of the person
appointed as a Guardian and orders, if any, passed after the
appointment of the Guardian. Measures shall also be taken by
the Registrar General, High Court of Gujarat to preserve the
reports filed by the petitioner Guardian from time to time.
iv. It should be ensured that there is no misuse of the
power or misappropriation of the funds and if, there is, any, or
there is no requisite care and protection or support with
regard to the treatment being extended to the patient, it will
be open to place the matter for further consideration of this
Court and to reopen and revoke the power, to take
NEUTRAL CITATION
C/SCA/12428/2025 ORDER DATED: 09/02/2026
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appropriate action against the petitioner Guardian. It will be
also open for the Court to appoint another person/public
authority/Social Welfare Officer as the Guardian.
v. It shall be the duty of the petitioner Guardian to meet
the obligations/duties similar to those as described under
Section 15 and to maintain and submit the accounts similar to
those contained in Section 16 of the National Trust for the
Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities" Act, 1999.
vi. The petitioner Guardian, shall intimate her appointment
to the public official/Social Welfare Officer or officer of the
equivalent rank designated by the State Government. The
petitioner Guardian as well as the Registrar General, High
Court of Gujarat, will cause a copy of this order of
guardianship being served upon such officer. Such officer,
shall visit the person lying in comatose state at least twice in
a month and will generate report of his/her visit. If it is found
that the petitioner Guardian is not acting in the best interest
of the patient lying in comatose state, such officer will be at
liberty to file appropriate application before this Court at the
earliest, seeking appropriate directions.
vii. The transactions in respect of the movable and
immovable properties of the patient by the petitioner
Guardian shall be strictly in accordance with the provisions of
law. If the petitioner Guardian is found to be abusing the
power or neglects or acts contrary to the best interest of the
patient lying in comatose state, it will be open to any relative
or next friend to apply to this Court for removal of such
NEUTRAL CITATION
C/SCA/12428/2025 ORDER DATED: 09/02/2026
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Guardian.
viii. In case a relative or a next friend of the patient lying in
a comatose state finds that the Guardian is not acting in the
best interest of the patient, such person will also have the
locus to approach this Court for issuance of appropriate
directions and/or for removal of the Guardian.
ix. The petitioner Guardian shall seek and obtain specific
permission from this Court, if he/she intends to transfer the
patient lying in a comatose state from the jurisdiction of this
Court to another State and/or Country, whether it be for
availing better treatment or otherwise.
11. It is made clear that this order shall remain operative until the
patient, i.e. Mr. Vinodbhai C. Patel remains in comatose state.
12. With the aforesaid directions, the writ petition stands allowed.
Rule is made absolute to the aforesaid extent. No order as to costs.
13. Let a copy of this order be circulated to the Registrar General,
High Court of Gujarat for information and necessary compliance.
(ANIRUDDHA P. MAYEE, J.)
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