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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Subodh Abhyankar
Neeraj Jaiswal – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. guardianship petition regarding wife's properties. (Para 1 , 2 , 3) |
| 2. expert reports on wife's vegetative state and prior court rulings. (Para 4 , 5 , 6 , 7) |
| 3. court's examination of petitioner's claims and past judgments. (Para 8) |
| 4. court acknowledges the petitioner's challenges and legal precedents. (Para 9) |
| 5. court's decision to appoint guardian for property management. (Para 10 , 11) |
| 6. final order granting petitioner's requests. (Para 12) |
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/Tan
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....
Court invokes Art.226 to appoint children as guardians for comatose parent absent specific statutory provisions, prioritizing welfare.
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