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2022 Supreme(Bom) 1445

G.S.PATEL, MADHAV J.JAMDAR
Sonia Fazal Khanand Others – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr Nikhil Wadikar, i/b Ganesh Dhonde, for the Appellant; Mr Maneesh Trivedi, LR & Associates, Mr Adavit Sethna, Anusha P Amin & Tanay M Mandot, Mrs Uma Palsuledesai, AGP, for the Respondent.

ORDER

1. The 1st Petitioner, Sonia Fazal Khan, is the wife of one Fazal Khan. Petitioners Nos. 2 and 3, Naeema and Tasneem, are Sonia's and Fazal's married daughters. The Petition says that for the last decade Fazal has been living in a vegetative state. He not only has dementia but has had multiple strokes. There are other complications. The prayer in the Petition is to appoint his wife, Sonia, the 1st Petitioner as the guardian of the Fazal's personal and property.

2. In previous orders in other cases we have noticed that there is no structured provision in law as yet to deal with these situations. There are some indications in the Disabilities Act and in similar statutes but a comprehensive statute dealing with these situations and allowing pro-tem guardianship is not yet in place. We refer to our decision of 13th December 2021 in Lubina Mohamed Agarwal and Anr v Union of India and Ors. In paragraph 19 of our order dated we granted interim relief but subject to certain safeguards. We propose to adopt the same principle here.

3. First, as to Fazal's condition. There is a reasonably recent clinical report of 1st October 2021. The report was submitted to this Court pursuant to an orde

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