JUDGMENT :

Shashi Kant Gupta, J.

1. The present writ petition has been preferred seeking the following relief:

(a) issue a writ, order or direction in the nature of mandamus appointing petitioner No.1, namely Uma Mittal, W/o Sri Sunil Kumar Mittal, as the guardian of her husband to protect his interest, administer bank accounts, investments, proprietorship business, etc. and in the event of necessity, to sell the immovable property standing in the name of her husband and to use the proceeds towards medical treatment of her husband and family welfare expenses;

Backdrop

2. The material facts of the case as pleaded in the writ petition are as follows:

3. Petitioner No.1, is the wife of Sri Sunil Kumar Mittal (in short 'SKM'), son of Late Visheshwar Dayal Mittal. The couple had four children (Petitioners Nos. 2 to 5) i.e. three daughters namely Mrs. Mohini Mittal Raizada, Ms. Ritika Mittal, Ms. Ruchika Mittal and a son Mr. Raghav Mittal; Petitioner No. 2 is a married daughter, married to Sri Mukul Raizada and is presently residing with her husband at Gurgaon, Haryana. However, Petitioners No. 3 and 4 are unmarried daughters and Petitioner No. 5 is the son. The Petitioners No. 3, 4 and 5 are residing with Petitioner No. 1 at their parental house 43-A/9B, Clive Road, Civil Lines, Prayagraj;

4. It has been pleaded that on 22-12-2018 at about 1:30 a.m., it was discovered that SKM had fallen in the bathroom of his residence where he was lying unconscious, suffering from a severe head injury, nasal bleeding and vomiting. He was immediately taken to Haridaya Super-speciality Centre and thereafter to Kriti Scanning Centre where C.T. scan of his brain was carried out. On the same day about 3:30 AM, he was discharged from Haridaya Nursing Home. The discharge card mentioned that he was suffering from intracranial bleeding. The Glasgow Coma Scale (GCS) was 6 (E1V1M4) and pupil right NSRL and left dilated non-reacting; Subsequently, he was taken to Dr. Ram Manohar Lohia Institute of Medical Sciences, Lucknow where he was operated upon on 22-12-2018. Tracheostomy tube was inserted on 24-12-2018 and he was shifted to incentive care unit for almost fifteen days. The certificate dated 01-01-2019 shows that treatment of brain haemorrhage is going on and patient is in a comatose state; since treatment did not show any sign of meaningful neurological recovery at R.M.L. Institute, SKM was flown to New Delhi where he was admitted in Indraprastha Apollo Hospital on 07-01-2019, where he was kept in incentive care unit; after being hospitalized almost for five months, SKM was discharged from Apollo Hospital on 01-05-2019 at GCS E4VtM4, which means that he was in a comatose state. He was taken to his sister’s residence in Noida on 01-05-2019, which is near to Apollo Hospital. The petitioner arranged two nursing staff from H.D.U. Care Unit, New Delhi to look after SKM. Petitioner No.1 stayed together with him up to 26-08-2019 for routine check-ups.

5. On 29-05-2019, SKM was again admitted for routine checkup. Thereafter he was discharged on 01-06-2019 at GCS 7 (E4VtM2). It is noteworthy that during the routine check-up, the Doctors opined that till his eventual demise, patient would remain in comatose condition. Petitioner No.1 has been further advised that continued supportive treatments have to be followed up for his entire life time; In these circumstances, SKM was brought back home at Prayagraj. A room in the house of the petitioners, has been converted into a ward (like ICU) and petitioner No.1 has arranged two nursing staff for the care and comfort of SKM. After being discharged from the Apollo Hospital, SKM has not been able to communicate and has been breathing with the help of 'Tracheotomy Tube' in his throat.

6. It has been further pleaded that petitioner No. 1 applied for a disability certificate before the Chief Medical Officer, Prayagaraj. According