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2020 Supreme(Bom) 1126

IN THE HIGH COURT OF BOMBAY
Ujjal Bhuyan and Milind Narendra Jadhav, JJ.
Rajni Hariom Sharma - Appellant
Vs.
Union of India and Ors. - Respondent
Writ Petition (ST) No. 3883 of 2020
Decided On: 27-08-2020

Advocates Appeared:
For the Appellant : Kenny V. Thakkar
For the Respondent: A.D. Yadav and S.S. Panchpor, AGP

Headnote:

Code of Criminal Procedure, 1973 - Section 482 - Civil Procedure Code, 1908 - Section 151 - Constitution of India ,1950- Article 226 - Medical expense - Comatose condition - Jurisdiction for relief - Petitioner had married Out of their wedlock two children were born - As would be evident one of sons is a minor - It is stated that father-in-law of petitioner father of had expired on - Mother-in-law of petitioner Court - Mother of is residing with petitioner and is dependent on her is a businessman having multiple businesses - He is Director of several companies like Software and Systems LLP Security Systems Private Limited and PSIM Community LLP - That apart he is a partner in Enterprises - In all above business enterprises shareholding of either – Held, Supreme Court reiterated well established principle of law that every Court has inherent power to act ex debit justified Court to do real and substantial justice for administration of which alone it exists - Thus having regard to discussions made above court are of view that reliefs sought for by petitioner are reasonable and may be granted considering peculiar facts and circumstances of case - However to ensure that order of this Court is followed in letter and spirit and there is no breach thereof it is also essential that there should be some kind of monitoring of functioning of petitioner as guardian albeit for a limited duration to ensure that guardianship is being used for benefit of person who is in a vegetative state - Such monitoring may be carried out through forum of State Legal Services Authority constituted - Writ petition is disposed of

1. This petition under Article 226 of the Constitution of India raises an important issue of significant public interest though essentially grievance of the petitioner is private.

2. Petitioner is the wife whose husband Mr. Hariom Sharma is in a state of comatose, a vegetative state, with no signs or prospect of revival. Besides the husband, petitioner has two sons one of whom is a minor and a dependent mother-in-law to look after. With mounting medical bills and other household expenses and having hardly any income of her own, petitioner in a state of helplessness has turned to this Court invoking its writ jurisdiction for relief.

3. We have heard Ms. Kenny Thakkar, learned counsel for the petitioner; Mr. A.D. Yadav, learned counsel for respondent No. 1-Union of India; and Mr. S.S. Panchpor, learned Assistant Government Pleader for respondent No. 2-State of Maharashtra.

4. Facts lie within a narrow compass. However, for the sake of adjudication, the same are narrated hereunder.

5. Petitioner had married Mr. Hariom Sharma on 20.02.1999. Out of their wedlock, two children were born, namely, Yudhi Sharma on 27.02.2000 and Arjun Sharma on 19.01.2011. As would be evident, one of the sons is a minor. It is stated that father-in-law of the petitioner i.e., father of Mr. Hariom Sharma, Shyam Babu Sharma, had expired on 08.11.2015. Mother-in-law of the petitioner i.e., mother of Mr. Hariom Sharma, Mrs. Chandrawati Sharma is residing with the petitioner and is dependent on her.

5.1. Mr. Hariom Sharma is a businessman having multiple businesses. He is the Director of several companies like M/s. Solus Software and Systems LLP, M/s. Solus Security Systems Private Limited and M/s. PSIM Community LLP. That apart, he is a partner in the firm M/s. Ampa Enterprises. In all the above business enterprises, shareholding of Mr. Hariom Sharma is either 50% or 40%.

5.2. On 15.11.2018, petitioner's husband Mr. Hariom Sharma suffered a cardiac arrest while jogging leading to sudden unresponsiveness. He was rushed to and immediately admitted in Kokilaben Dhirubhai Ambani Hospital and Medical Research Institute. Husband was treated in the said hospital for a period of almost three months. Despite extensive treatment including surgeries by a panel of doctors, husband did not recover and there was very little improvement though his health condition stabilized. However, he remained in a vegetative state.

5.3. After about 80 days of hospitalization, condition of Mr. Hariom Sharma became stable though he continued to remain in comatose condition. He was discharged from the hospital on 06.02.2019 although he continued to remain in a paralytic vegetative state. As per medical advice, he was required to take all necessary care under trained paramedic personnel 24x7 along with physiotherapy and speech therapy.

5.4. Petitioner has stated that she has religiously followed the advice given by the doctors of Kokilaben Dhirubhai Ambani Hospital and Medical Research Institute and despite all the care and monitoring, husband Mr. Hariom Sharma continues to remain in a vegetative state from 15.11.2018 till date.

5.5. According to the petitioner, the medical expense incurred in looking after husband Mr. Hariom Sharma is quite substantial. She had to create a well-equipped air conditioned nursing room having amenities like recliner bed, air mattress and life-saving support system, etc. Besides, a full time nurse and part time physio and speech therapists have been appointed to continue with the treatment of her husband. Though his condition is stable, there has been no improvement and husband continues to remain in the same very comatose condition.

5.6. Petitioner has stated that in addition to her husband, she also has to look after her mother-in-law who is having her own age related ailments; besides looking after her children who are all dependents. That apart, there are other household expenses for herself and for the family combined.

5.7. Petitioner has only 10% shares in the co

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