The judgment establishes the court's authority to invoke the parens patriae jurisdiction to appoint a guardian for a person in a comatose state in the absence of specific legislative provisions.

JUDGMENT :

Mahesh Chandra Tripathi, J.

1. Heard Shri Anupam Kulshreshtha, learned Amicus Curaie assisted by Shri Ashvanee Kumar Srivastav, learned counsel for the petitioner; Shri S.P. Singh, learned Additional Solicitor General of India assisted by Shri Paras Nath Rai, learned Senior Standing Counsel for Union of India, Shri Ambrish Shukla, learned Additional Chief Standing Counsel and Sri Fuzail Ahmad Ansari, learned Standing Counsel for the State respondents.

2. By means of present writ petition, the petitioner has prayed for following reliefs:-

"I. Issue a writ, order or direction in the nature of mandamus directing the respondent authority to permit the petitioner to sell the property of her husband for the treatment of her husband namely Vikas Sharma, who is suffering from head injury.

II. Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to provide the Government help for the treatment of the husband of the petitioner.

III. Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the aforesaid facts and circumstances of the case.

IV. To award the cost of the petition in favour of the petitioner."

3. The husband of the petitioner has purchased a piece of land through a registered sale deed dated 5.9.2011. After purchasing the land, his name has also been mutated in the revenue records. Unfortunately, the petitioner’s husband, who had bought the land, met with an accident and sustained serious head injury. He is lying in a camatose state since then. The petitioner, who comes from a very average family, has been subjected to lot of medical expenses, which she is unable to pay. She has already incurred huge expenses in connection with the treatment. Having exhausted all financial resources, she is in despair, isolation and abandonment besides undergoing agony, stress on account of her husband lying in “permanent vegetative state”.

4. The petitioner (Pooja Sharma), being the wife of Vikas Sharma, has come forward with the aforesaid prayer. She has approached this Court by means of instant petition seeking permission to sell the property purchased by her husband from his own income, to meet out the expenses of treatment of her husband. The petitioner submits that in India there is no legislation, which provides for appointment of Guardian for a person in camatose state, unlike legislations for appointment of ‘Guardian for minors’ and persons with other disabilities like mental retardation etc.

5. When the matter came up before this Court on 20.9.2023, this Court was pleased to pass the following orders:-

"1. Heard Shri Anupam Kulshreshtha, learned Amicus Curaie assisted by Shri Ashvanee Kumar Srivastav appearing for the petitioner; Shri S.P. Singh, learned Addl. Solicitor General of India assisted by Shri Paras Nath Rai, learned counsel for Union of India and Shri Ambrish Shukla, learned Addl. Chief Standing Counsel along with Shri F.A. Ansari, learned Standing Counsel for the State respondents.

2. Present writ petition has been preferred for a direction to respondents to permit the petitioner to sell the property of her husband namely Vikas Sharma, situated at Gautam Budh Nagar, for his treatment, who is in critical medical condition due to head injury. It is further prayed for a direction to respondents to provide the government help for treatment of her husband.

3. It appears that the husband of the petitioner had purchased the land in question through registered sale deed and his name has also been mutated in the revenue record. Unfortunately, the husband of the petitioner met with an accident and sustained serious head injuries and, therefore, he is lying in Comatose State since then. The petitioner comes from very humble family and has been subjected to lot of medical expenses, which she is unable to pay at present. She has already incurred huge expenses in co