Mumbai, September 30: In a significant order, the Bombay High Court appointed Meena Bharat Mehta as the legal guardian of her husband, 75-year-old Bharat Keshavlal Mehta, who has been battling advanced Alzheimer's dementia.
The bench of Justice R.I. Chagla and Justice Farhan P. Dubash observed that the absence of a proper legal framework in India for guardianship of adults with degenerative mental conditions cannot leave families without remedies.
Background
The petition was moved by Meena Mehta and her two daughters, seeking her appointment as guardian so she could manage her husband's personal and financial affairs. Since 2022, Mr. Mehta has been living in a Bengaluru rehabilitation centre as his condition worsened, making him entirely dependent on caregivers.
Senior advocate Sunny Shah, appearing for the family, argued that existing laws like the Mental Healthcare Act, 2017 or the Rights of Persons with Disabilities Act, 2016 do not provide for guardianship of adults suffering from Alzheimer’s or similar conditions.
"There is a clear vacuum," he told the court, adding that without legal recognition, Mrs. Mehta was unable to properly operate her husband’s bank accounts and properties.
Court's Observations
The court had earlier directed NIMHANS (National Institute of Mental Health and Neurosciences) to constitute a medical board and submit a report. That report, filed on September 9, confirmed Mr. Mehta’s condition as "advanced dementia with 100% disability." Doctors certified that he could not recognize time, place or people, had lost verbal ability, and required full-time care even for basic hygiene.
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Taking note of the assessment, the judges said further hospital admissions for a second opinion would only cause "hardship and inconvenience" to the ailing patient. The court also recalled earlier precedents where the doctrine of parens patriae - a legal principle allowing the state to act as a guardian for those who cannot care for themselves - was invoked.
"The submission that no law presently provides for the appointment of a spouse or child as guardian of an incapacitated adult appears to be correct," Justice Dubash noted. He went on to stress that in the face of such a legal vacuum, courts must step in to protect human dignity.
Decision
In its order, the division bench officially appointed Meena Bharat Mehta as the guardian of her husband, authorizing her to operate his bank accounts, manage his shares and savings schemes, and handle his residential property in Vile Parle.
"All Authorities shall accept Meena Bharat Mehta as the legal guardian of her husband," the court directed, leaving no room for bureaucratic resistance.
The writ petition was accordingly disposed of, with the bench refraining from imposing costs.
The judgment once again highlights how Indian courts are relying on constitutional powers to bridge gaps in existing laws, especially in sensitive issues involving elderly citizens with irreversible conditions.
Case Title: Meena Bharat Mehta & Anr. vs. Union of India & Ors.
Case Number: Writ Petition (L) No. 25509 of 2025
Date Pronounced: 30th September 2025
Petitioners Counsel: Mr. Sunny Shah with Mr. Viral Dilip Shukla, Ms. Priti Shukla, Mr. Rudra M. Dani and Mr. Pradip Shukla (i/b Pradip Shukla & Co.)
Respondents Counsel:
- Mr. D.P. Singh for Union of India
- Ms. Jyoti Chavan, Additional Government Pleader for State of Maharashtra
