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.

ORDER :

Subodh Abhyankar, J.

1. This petition has been filed by the petitioners under Article 226 of the Constitution of India seeking following relief:-

“A. Appoint the Petitioner No.1 as the Guardian of his wife (Smt.Rashmi Jaiswal)

B. Appoint the Petitioner No.1 as the Guardian/Custodian of (Smt.Rashmi Jaiswal) over her share in the properties situated in Indore, the details of which are annexed as AnnexureP/1.

C. Permit the Petitioner No.1 to solely execute the Sale-deeds of the properties of Annexure P/1 as per his wishes, without requiring Smt. Rashmi Jaiswal to be one of the executants.”

2. The petitioners are presently residing at Ahmedabad and the petitioner no.1/ Neeraj Jaiswal happens to be father of petitioner no.2/Tanvangi Jaiswal and petitioner no.3 Om Jaiswal, who are his daughter and son respectively. The petitioner no.1’s /Neeraj Jaiswal wife Rashmi Jaiswal is in a vegetative state since August, 2020 on account of brain hemorrhage and she is bedridden.

3. The petitioner no.1/ Neeraj Jaiswal grievance is that he and his wife/ Rashmi Jaiswal had jointly purchased five properties at Indore, the description of which is given in Annexure P1, and the sale deeds of the same have also been filed on record as Annexure P-2, however, since all these properties are in their joint names, it is not possible for the petitioner no.1 to dispose of the same owing to the medical condition of his wife, although he is required to bear the medical and other expenses of his wife, who is in such state since August 2020, and also to take care of his children, the petitioners no.2 and 3.

4. Counsel for the petitioners has also drawn attention of this Court to the fact that wife of the petitioner no.1 was also treated at various hospitals in which he has incurred huge expenses. Regarding her vegetative condition, one such expert committee’s report dated 15.1.2022 (document no.3217/2022) is on record which was prepared by a committee of six doctors at Civil Hospital, Ahmedabad as directed by this Court, who have certified that the petitioner no.1’s wife/Rashmi Jaiswal is in a vegetative state since August 2020, and she is not in a condition to append her signature or take any decision at on her own.

5. Counsel for the petitioner has also drawn the attention of this Court to the subsequent report of expert committee dated 11.8.2023, wherein also it is opined that the same condition is still persisting and there is no progress in her condition. Petitioner no.1 has also submitted an affidavit to this effect on 10.3.2024, in which also the petitioner has reiterated that his wife Rashmi Jaiswal is in a state of coma, and he is required to incur her medical expenses, as also the expenses incurred by him towards his children’s education.

6. Attention of this Court has also been drawn by the counsel for the petitioner to the publication made in two news papers, one at “Nai Duniya” Indore dated 17.1.2024, and other in “Divya Bhaskar” published from Ahmedabad dated 16/1/2024, regarding pendency of the present petition. It is submitted that there are no claims or objections against the present petitioners by any person.

7. Counsel for the petitioner has also drawn attention of this Court to the various orders passed by various high Courts in the case of Philomena Leo Lobo Vs. Union of India and others reported as 2017 SCC online Bom 8836, R.Usha Vs. State of Tamil Nadu passed in W.P.No.13060/2020 by the High Court of Madras dated 5.2.2021, Rajni Hariom Sharma Vs. Union of India and another reported as