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SANGEETA K. VISHEN
Anjuben Karansinh Dodiya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Issue rule, returnable forthwith. Ms Foram Trivedi, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondent.
2. By this petition, the petitioners have prayed for direction to hold and declare the petitioner no.1 – Anjuben Karansinh Dodiya as a guardian of Karansinh Rajusinh Dodiya (hereinafter referred to as ‘the patient’), who is in a vegetative/comatose state. Further prayer is for declaring the petitioner no.1 – Anjuben Karansinh Dodiya as the manager of the movable and immovable properties belonging to the patient.
3. Mr Siddharth Keshkani, learned advocate for the petitioners submitted that the petitioner no.1 is the wife of the patient. The marriage was solemnized as per the Hindu rites in the year 1996 and petitioner nos.2 and 3 are the sons of the patient, aged 20 years and 15 years respectively. It is submitted that in the year 2019, the patient was detected with dengue and was hospitalized. Owing to the weakness, the patient, fell on the floor, and as a result, has sustained brain hemorrhage with severe medical complications. It is thereafter, that the patient was shifted to Zydus Hospital and has undergone decompressive c
The court established that it can act as parens patriae to appoint a guardian for a comatose patient when no legislative provisions exist.
Point of Law : Transactions in respect of the movable and immovable properties of the patient, by the petitioner - guardian, shall be strictly in accordance with the provisions of law. If the petitio....
Point of law: It shall be the duty of the petitioner – guardian to meet the obligations/duties similar to those as described under Section 15 and to maintain and submit the accounts similar to those ....
The court exercises parens patriae jurisdiction under Article 226 to appoint a guardian for a comatose individual, highlighting the absence of specific legislation for such cases.
The court exercises parens patriae jurisdiction to appoint a guardian for an individual in a vegetative state due to inadequate legal provisions.
The Court can appoint a guardian for an individual in a comatose state under Article 226 of the Constitution, acting as parens patriae to protect the individual's interests.
The main legal point established in the judgment is the court's authority to appoint guardians and managers for a person suffering from dementia, the recognition of the Petitioners' authority by bank....
The Court clarified the interpretation of the Rights of Persons with Disabilities Act, 2016, emphasizing the broader categorization of disabilities and the duty of the District Collector to consider ....
The doctrine of parens patriae allows courts to appoint guardians for individuals unable to care for themselves, ensuring their rights and welfare are protected.
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