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MAULIK J. SHELAT
Shobhnaben W/o Harjivan Manjibhai Hadiya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Maulik J.Shelat, J.
1. Issue Rule returnable forthwith. Learned AGP Mr. Pranav Dhagat waives service of notice of rule on behalf of respondent/s.
2. The present petition is filed under Article 226 of the Constitution of India seeking following prayers;
B. Hon’ble Court be pleased to pass an order enabling present petitioner to sell immovable properties of the patient Harjivan Manjibhai Hadiya so as to pay debts of patient as well as maintain petitioner and her family and pay medical expenses of patient Harjivan Manjibhai Hadiya in the interest of justice;
C. Hon’ble Court be pleased to pass an ad interim relief enabling petitioner to maintain bank accounts of patient Harjivan Manjibhai Hadiya being guardian of the patient in the interest of justice;
D. Any other order that this Hon’ble Court deems fit in the interest of justice.
E. Hon’ble Court may plea
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.
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 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 doctrine of parens patriae allows courts to appoint guardians for individuals unable to care for themselves, ensuring their rights and welfare are protected.
The court exercises parens patriae jurisdiction to appoint a guardian for an individual in a vegetative state due to inadequate legal provisions.
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 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....
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