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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Kamakshee Bisht – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
PANKAJ PUROHIT, J.
1. Heard learned counsel for the parties.
2. The present writ petition has been filed by the petitioner for the purpose of appointment of a Guardian for her husband (Mukesh Joshi), permanent r/o Alma Cottage Compound, Mallital, who is presently residing at All Saints College Campus, Nainital on the premise that husband of the petitioner is in a comatose state.
3. Since there was no law holding in the field to appoint a Guardian of such a person, therefore, learned counsel for the petitioner placed reliance on the judgment rendered by Hon’ble High Court of Kerala dated 20.02.2019, passed in the case of Shobha Gopalkrishnan & another vs. State of Kerala & others, wherein certain guidelines have been issued which are mentioned in para 35 of the said judgment. The judgment has already been annexed with the writ petition as annexure-8 to the writ petition.
4. Though as many as 14 guidelines have been issued by the Hon’ble High Court of Kerala in the aforesaid judgment, but at this juncture, first and foremost, it was necessary that condition of the person lying in a comatose state shall be ascertained by examining him, through a duly constituted medical board of
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 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 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 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.
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