JUDGMENT

A.S. Oka, J. - Rule. The learned AGP waives service for the respondents. Forthwith taken up for final disposal.

2. Paragraph 2 of the order dated 2nd April 2019 reads thus :

"2. The petitioner is seeking a writ or directions from this Court holding that the petitioner is a guardian of Dr. Vijay Kumar Gupta (her husband), who is suffering from pontine haemorrhage and is in coma since 6th September, 2013. We may note here that under the order dated 12th October, 2017 a Division Bench of this Court noted the facts of the case and directed the Sub-Divisional Officer, Bandra (E), Mumbai to visit the place of residence of the petitioner and submit a report about the condition of Dr. Vijaykumar Gupta with regard to the averments made in the petition. Accordingly, a report has been submitted by the Sub-Divisional Officer, Mumbai, Suburban District. To the said report, a letter dated 18th October, 2017 of Dr. Swapnil Joshi, Assistant Professor of KEM Hospital has been annexed. He has suggested that after examination of history, opinion of neurophysician is advised with further investigation. Therefore, we thought it fit that an opinion of a neurophysician as suggested by Dr. Joshi should be obtained."

3. By the said order, this Court requested the Dean of B.Y.L. Nair Charitable Hospital to submit an opinion of either a neurophysician or neurosurgeon. Accordingly, along with a letter dated 25th April 2019, the Dean of B.Y.L. Nair Charitable Hospital and Topiwala National Medical College has forwarded a report signed by the Professor and Head of the Department of Neurology, Assistant Professor of the Department of Neurology and Super specialty Medical Officer, Neurology attached to the said hospital. The medical report notes the history of the case of Dr. Vijaykumar Gupta. The conclusion drawn by the said three Doctors is that the patient is in persistent vegetative state/minimally conscious state.

4. He is in a bedridden state and needs 24 x 7 assistance for his basic daily needs and cannot take any rational decisions on his own. The report is taken on record and marked ''R1'' for identification. We had permitted the learned counsel appearing for the petitioner and the learned AGP to peruse the reports submitted by B.Y.L. Nair Charitable Hospital; The petitioner is herself a medical Doctor. As stated earlier, Dr. Vijaykumar is the husband of the petitioner.

5. The petitioner has sought to invoke extraordinary jurisdiction of this Court under Article 226 of the Constitution of India by pointing out that neither the provisions of the Mental Health Care Act, 2017 nor the Guardians and Wards Act, 1890 apply to the situation in which the case of Dr. Vijaykumar Gupta is placed. His present status continues since 6th September 2013. In paragraph 10, the description of movable and immovable properties of Dr. Vijaykumar Gupta has been incorporated. Considering the condition of Dr. Vijaykumar, he is unable to look after the affairs of his property. Therefore, the petitioner has prayed for a declaration that she be declared as a Guardian of Dr. Vijaykumar Gupta. The petitioner has also sought permission to sell certain immovable properties held by Dr. Vijaykumar Gupta. The petitioner and Dr. Vijaykumar Gupta have a daughter Aditi and son Ashutosh. Both of them are adults and they have filed affidavits dated 13th June 2018 consenting to the prayers made by the petitioner.

6. From 6th September 2013, Dr. Vijaykumar Gupta is unable to take any decisions on his own. In fact, his today''s status is described as persistent vegetative state. The three senior Doctors attached to the Department of Neurology including the Professor and Head of the Department, after examining Dr. Vijaykumar Gupta and after conducting EEG have given the aforesaid opinion. B.Y.L. Nair Charitable Hospital is a very well-known Hospital in Mumbai run by the Municipal Corporation. It also runs Topiwala National College which is one of the very well-known medical colleges.