IMPORTANT POINT
The main legal principle established is the court's authority to appoint a legal guardian under Article 226 of the Constitution of India in cases of serious medical disabilities where existing laws do not provide adequate provisions.

JUDGMENT :

G.S. Kulkarni, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. This Petition, under Article 226 of the Constitution of India, is filed praying for the relief that the Petitioner-Mrs. Janaki Suresh be declared as the legal Guardian of Mr. Suresh Subramanian Iyer (for short “Mr. Iyer”), who is in comatose condition, and for other consequential reliefs in the nature of direction to the Respondents as also all the concerned Banks, Depository, Financial Institutions to allow the Petitioner to operate/ represent the affairs of Mr. Iyer.

3. The case of the Petitioner as set out in the Petition is that the Petitioner got married to Mr. Iyer on 9th September 1996. It is stated that they have three children, namely, Osho Suresh born on 26th August 1998, Ponni Suresh born on 3rd June, 2000 and Sachi Suresh born on 27th November 2007. The Petitioner has stated that the mother-in-law of the Petitioner, Mrs. Savithri Subramanian, is 78 years old and is currently residing in Thane. The Petitioner has annexed photocopies of her Aadhar Card and also the Aadhar Card of Mr. Iyer.

4. The Petitioner has contended that her husband, Mr. Iyer, has been employed with Abu Dhabi National Oil Company. She states that on or about 8th December 2021, Mr. Iyer was brought to AL Dhannah Hospital in Ruwais, Abu Dhabi, to the emergency department, in an unconscious state. She has described the medical condition of Mr. Iyer at the time when he was admitted in paragraph 5 of the Petition to contend that, since the time he was brought to the hospital, till the date of filing of this Petition, he was in a vegetative state. Mr. Iyer was shifted to long term acute care for supportive care, physiotherapy and rehabilitation. The Petitioner has stated that, since the date of Mr. Iyer’s hospitalization, i.e., from 8th December 2021, he has remained in a vegetative condition and there has been very little progress in his health condition. She has annexed to the Petition as Exhibit-C a Medical Certificate dated 02/08/2023 issued by the doctors confirming the fact that Mr. Iyer still continues to remain in persistent vegetative state and that his is unable to speak or sign or communicate in any manner.

5. The medical report of AL Dhannah Hospital dated 02/808/2023 needs to be noted which reads thus:-

56-year-old male patient admitted on long term care as hypoglycemic encephalopathy, this patent arrested at home by hopoglycemia CPR done return pulse but kept in vegetative state.

Patient on PEG tube and Tracheostomy.

Generalized muscle wasting no movement only spontaneous eye opening.

Hemodynamically stable on room air.

For multidisciplinary Care nursing, physiotherapy, and occupational care.

Dr. Osman Mohammed Rafi Uz Zaman

Hospital Administrator”

6. She stated that, due to his health condition, it is not possible for Mr. Iyer to manage his assets, including Bank Accounts. The Petitioner has set out at Exhibit-D the details of two Bank Accounts and a Demat Account of Mr. Iyer. She has further stated in the Petition that Mr. Iyer was the sole earning member of the family and, in the absence of any income support from Mr. Iyer, the Petitioner has to take care of herself and her three children and run the household on her own. She had approached the Banks and also Depository with a request to allow her to sign and comply necessary formalities in place of Mr. Iyer. However, her request has been declined by the Banks and the Depository with a request to get herself appointed as the guardian or get an appropriate