Back
ANIRUDDHA P. MAYEE
Bhikhiben W/o Hareshbhai Meghrajbhai Chaudhary (Valaganth) – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Aniruddha P. Mayee, J.
1. Rule. Rule returnable forthwith. Ms. Nidhi Vyas, learned AGP waives service of rule for the respondents.
2. The present Special Civil Application has been filed praying for the following reliefs:-
(B) YOUR LORDSHIP may be pleased to issue writ, order or direction to hold and declare the petitioner no.1 Bhikhiben Hareshbhai Chaudhary (Valaganth) as a guardian of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) and further be pleased to hold and declare that the petitioner no.1 is manager of all three properties mentioned in paragraph no.5 of the petition belonging to Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth).
(C) Pending the issuance of notice, admission and final hearing of the present petition be pleased to direct the concerned respondent or any other sub ordinate officer to submit factual medical report before this Hon'ble Court in connection with the health condition of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) within stipulated time as may be decided by this Hon'ble Court.”
3. The brief facts of the petitioners case is that, Shri Hareshbhai Meghrajbhai Chaudhary
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 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: 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 established guidelines for appointing a Guardian for individuals in a comatose state, emphasizing medical assessment and allowing the Guardian to manage financial matters.
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....
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 ....
A spouse may be appointed as a guardian to manage the properties of a partner in a vegetative state based on established medical opinions and legal precedents.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
