IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12428 of 2025 ==========================================================

RASHILABEN VINODBHAI PATEL Versus STATE OF GUJARAT & ORS.

==========================================================

Appearance:

MR UTPAL M PANCHAL(1075) for the Petitioner(s) No. 1 MR NIKUNJ KANARA AGP for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 1,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 09/02/2026

ORAL ORDER

1. Rule, returnable forthwith. Mr. Nikunj Kanara, learned AGP waives service of rule for the respondents.

2. The present Special Civil Application has been filed praying for the following reliefs:-

“(A) YOUR LORDSHIP may be pleased to issue writ of mandamus or any other appropriate writ, order or direction appointing and treating the petitioner as guardian of her husband Mr. Vinodbhai Chaturbhai Patel and further be pleased to issue appropriate directions to all authorities to treat and accept the petitioner as guardian of her husband Mr. Vinodbhai Chaturbhai Patel and to allow her to operate or manage the movable and immovable properties of her husband Mr. Vinodbhai Chaturbhai Patel;

(B) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to allow the petitioner to operate or manage the movable and immovable properties of her husband Mr. Vinodbhai Chaturbhai Patel;”

3. The brief facts of the petitioner’s case is that the petitioner married to one Mr. Vinodbhai Chaturbhai Patel on 16.05.1991 and out of the wedlock, the petitioner has two children i.e. one son and one daughter. The petitioner submits that earlier the husband of the petitioner was very intelligent and was doing the business cleverly and acquired the many immovable properties in the joint name with the petitioner and also invested a considerable amount in stock market in the names of "Vinod C. Patel" and "Vinod C. Patel HUF". Unfortunately, since the year 2020, the mental health of husband of the petitioner has been deteriorating and he was under treatment of Neurologist in Zydus Hospital and he was diagnosed Alzheimer Dementia HTN. Another Neuro Physician was also consulted and he has issued the certificate. The petitioner submits that since last about two years, the husband of the petitioner is completely bedridden and is unable to speak or understand and thus, there is no communication with him. Under the situation, he is mentally and physically impaired and is not in condition to read, sign or write and under the circumstances, he is unable to take care of his properties. Hence, the petitioner is required to act as his guardian so as to safeguard the properties and other interest of his husband Mr. Vinodbhai C. Patel and also to look after his health and her family.

4. That the petitioner submits that her husband Mr. Vinodbhai Chaturbhai Patel has acquired the following properties in the Joint name with the petitioner:-

(1) 31, Sangini Bungalows, Near Sahjanand Bungalows, Thaltej, Ahmedabad.

(2) Flat No.A/14, Aagman Flats, Near Judges Bungalows, Bodakdev, Ahmedabad and (3) Office premises at A-410, Stellar, Sindhu Bhavan Road, Bodakdev, Ahmedabad.

The petitioner also submits that her husband invested a considerable amount in stock market having Demate Account with M/s. Pravin Ratilal in the names of "Vinod C.Patel and "Vinod C.Patel HUF. It is submitted that the petitioner is required to act as his guardian so as to safeguard the properties and other interest of his husband Mr. Vinodbhai C. Patel and also to look after his health and her family.

5. That this Court had called for the medical report vide order dated 23.12.2025. Today, the learned AGP has produced the communication dated 06.02.2026 addressed to the Collector, Ahmedabad by the Civil Surgeon, Ahmedabad along with the medical report of Mr. Vinodbhai C. Patel. The medical report reads as under:-

“Medical Team Repo