Neha Dashore vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:31199
1 WP-46042-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
rd
ON THE 3 OF NOVEMBER, 2026
WRIT PETITION No. 46042 of 2026
CNR No.: MPHC020441282026
NEHA DASHORE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Hritik Yadav - Advocate for the petitioner.
Shri Sudeep Bhargava Dy.A.G. for State.
ORDER
1] This petition has been filed by the petitioners under Article 226 of the
Constitution of India seeking following relief:-
“A. Direct the respondent authorities and other concerned
departments to facilitate the petitioner, in her capacity as Legal
Guardian, in representing the lawful interests of Ms. Kopal
Dashore before Government and semi-Government authorities,
banks, financial institutions, medical institutions and other
competent authorities to the extent permissible under law.
II. Issue any other writ, order or direction as this Hon'ble court
deems fit and proper in the interest of justice and in the best
interest of Kopal Dashore.
III. Issue any other writ, order or direction as this Hon'ble court
deems fit.
2] The petitioner is the real sister of Kopal Dashore. The father of
petitioner namely Shri Vinod Kumar Dashore expired on 14.4.2020 and the
mother namely Smt. Mohini Dashore expired on 18.8.2024. After the
unfortunate demise of her parents, the petitioner is taking care of her sister
Kopal Dashore and is discharging all responsibilities relating to her
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 04-11-2026
18:06:13

NEUTRAL CITATION NO. 2026:MPHC-IND:31199
2 WP-46042-2026
maintenance, medical treatment, welfare and day to day requirements.

3] Counsel for the petitioner has drawn attention of this Court to the
fact that sister of petitioner is suffering from Intellectual Disability and is not
in a position to independently undertake various legally binding, financial,
banking, medical and other administrative decisions. The respondent No. 4
has issued 90% disability certificate.
4] Counsel for the petitioner has also drawn attention of this Court to
the various orders passed by various high Courts in the case of Philomena
Leo Lobo Vs. Union of India and others reported as 2017 SCC online Bom
8836, R.Usha Vs. State of Tamil Nadu passed in W.P.No.13060/2020 by the
High Court of Madras dated 5.2.2021,Rajni Hariom Sharma Vs. Union of
India and another reported as 2020 SCC online Bom 880, Sairabanu
Mohammad Rafi Vs. State of M.P. reported as 2016 SCC online Mad 8091,
Sayardevi Chaudhary Vs. State of Tamil Nadu passed by the Madras High
Court in W.P.No.4238/2016 dated 29/6/2016,Shobha Gopalakrishnan Vs.
State of Kerala passed by the high Court of Kerala passed in
W.P.No.37278/2018 dated 20.2.2019,Uma Mittal Vs. Union of India
reported as 2020 SCC online ALL 777, and Vandana Tyagi and another Vs.
Government of National Capital Territory of Delhi (GNCTD) and others
passed by the Delhi ? High Court on 7.1.2020 passed in W.P.(
C).No.11003/2019 and CM.No.45428/2019 wherein the high courts, while
exercising its power under Article 226 of the Constitution of India has
allowed the petitions, assuming the role of Parens Patriae, and have
appointed husband or wife as the guardian to look after and deal with the
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 04-11-2026
18:06:13

NEUTRAL CITATION NO. 2026:MPHC-IND:31199
3 WP-46042-2026
other’s property. Though in the present petition, the petitioner who is real

sister having neuropathic disability can also be considered as well wisher and
natural guardian in absence of any material contrary to show that sister will
not take proper care of the interest of the property of the person who is
having neuropathic disability, I found no reason to exercise my jurisdiction
under Article 226 of Constitution of India looking to the peculiar facts and
circumstances of the case.
5] Counsel for the respondent/State has submitted that appropriate
orders may be passed.
6] Heard. Having considered the rival submissions and on perusal of
the disability certificate Annexure P-5, it is apparent that petitioner's sister is
suffering from intellectual disability and as per the disability certificate
issued by Civil Surgeon she is 90% disabled.
7] In such facts and circumstances, the mental and physical state of the
petitioner’s sister that she is suffering from Intellectual disability and as per
disability certificate showing 90% disability and apparently the same must
have caused incomprehensible difficulties to the petitioner who is
continuously taking care of her sister. In such facts and circumstances, and
also taking note of the decisions rendered by various high Courts in the cases
o f Philomena Leo Lobo(supra), R.Usha (supra), Rajni Hariom Sharma
(supra),Sairabanu Mohammad Rafi(supra), Sayardevi Chaudhary(supra),
Shobha Gopalakrishnan (supra), Uma Mittal (supra) and Vandana Tyagi
(supra), this Court is of the considered opinion that it is a fit case where the
petitioner can be appointed as a legal guardian to represent the lawful
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 04-11-2026
18:06:13

NEUTRAL CITATION NO. 2026:MPHC-IND:31199
4 WP-46042-2026
interest of Ms. Kopal Dashore. Accordingly, the petition stands allowed and

respondents authority and other concerned departments is directed to
facilitate the petitioner/Neha Dashore in her capacity as Legal Guardian, in
representing the lawful interests of Ms. Kopal Dashore before Government
and semi-Government authorities, banks, financial institutions, medical
institutions and other competent authorities to the extent permissible under
the law.
8] Accordingly the petition stands allowed and disposed of.
(SANDEEP N. BHATT)
JUDGE
BDJ

Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 04-11-2026
18:06:13