ORAL JUDGMENT

1. Issue Rule, returnable forthwith. Ms.Surbhi Bhati, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent-State.

2. By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has sought for declaration that the petitioner i.e. Dipaben Dhaval Bhatt being wife of Dhaval Laxmikant Bhatt (hereinafter referred to as “the patient” as and when the context warrants) be appointed as a guardian who is in comatose state.

3. Tersely stated are the facts:

3.1 The petitioner, is the wife of the patient i.e. Dhaval Laxmikant Bhatt. According to the petitioner, the marriage of the petitioner was solemnized with the patient on 20.06.1991 as per the Hindu rites and rituals at Rajkot. The petitioner is having two children, daughter Trushti Dhaval Bhatt whose date of birth is 07.06.1998 and son Tej Dhaval Bhatt whose date of birth is 28.01.2000.

3.2 On 17.07.2014, the husband of the petitioner had suffered cardiac arrest and was immediately admitted to Wockhardt Hospital, Rajkot. The heart of the patient had stopped functioning and due to intermittent stoppage of functioning of heart, the blood circulation to the