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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Subodh Abhyankar
Neeraj Jaiswal – Appellant
Versus
State Of Madhya Pradesh – Respondent
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 hav
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.
The court exercises parens patriae jurisdiction to appoint a guardian for an individual in a vegetative state due to inadequate legal provisions.
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 established that it can act as parens patriae to appoint a guardian for a comatose patient when no legislative provisions exist.
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....
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 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 Court established guidelines for appointing a Guardian for individuals in a comatose state, emphasizing medical assessment and allowing the Guardian to manage financial matters.
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