906-OSWP-3313-2021-MODIFIED.DOC

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 3313 OF 2021

Nirupama Jitendra Mehta

…Petitioner

Versus

State of Maharashtra

…Respondent

Ms Tulsi Shah, i/b Akash P Shah, for the Petitioner.

Mrs Jyoti Chavan, AGP, for Respondent No. 1-State.

CORAM

G.S. Patel &

Madhav J. Jamdar, JJ.

DATED:

17th December 2021

PC:-

1.

The Petition seeks an appointment of the Petitioner

(“Nirupama”) as the legal guardian of her husband, Jitendra

Mansukhlal Mehta (“Jitendra”). He is said to be in a vegetative

state since 21st February 2017. He took suddenly unwell that

afternoon. He was unable to move. An immediate consultation with

the family physician required that Jitendra be moved to a hospital.

On 23rd February 2017 he was admitted to the casualty ward of the

Kokilaben Dhirubhai Ambani Hospital at Andheri. He was then

shifted to the ICU. He was unresponsive and nearly comatose. His

condition was said to be critical and he slipped into a deep coma.

Page 1 of 13

17th December 2021

ARUN

RAMCHNDRA

SANKPAL

Digitally signed by

ARUN

RAMCHNDRA

SANKPAL

Date: 2022.01.12

12:02:24 +0530

906-OSWP-3313-2021-MODIFIED.DOC

Several tests were done of the brain and the spine and it was finally

believed that he was suffering from some form of meningitis.

2.

The Petitioner consulted specialists who advised that Jitendra

be moved to Saifee Hospital at Charni Road, Mumbai. There, on 4th

April 2017, Jitendra was diagnosed meningoencephalitis and also a

ventilator-associated urinary tract infection and pneumonia. He was

under observation for several days. He was gradually taken off

support and ventilation. There was no meaningful neurological

recovery. He was discharged to home care on 15th May 2017. At

that time, Jitendra had a tracheostomy tube, a PEG tube and a

silicon catheter.

3.

At their residence, Nirupama was compelled to convert one

room virtually into a ward with ICU-level facilities. She had to hire

fulltime nursing staff. Before he fell ill, Jitendra and the Petitioner

lived in a one room apartment, Flat No. 301 of only 300 sq ft in a

building called Unity Apartments, at Damodar Park, LBS Marg,

Ghatkopar (West), Mumbai 400 086. That building has no lift. The

space is inadequate. Nirupama was compelled to take alternative

premises on rent at Borivali (West) and to shift Jitendra there.

4.

Since 2017, Jitendra has been in and out of the hospital

several times. In July 2018 he was taken to the Breach Candy

Hospital and, in 2019 to the Lotus Multispeciality Hospital. The

first was for an accidental injury on the left leg suffered during

physiotherapy and then later in 2020, for a replacement of the PEG

tube.

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17th December 2021

906-OSWP-3313-2021-MODIFIED.DOC

5.

He was recently again admitted to the Lotus Hospital in

February 2021 for further complications including hypothyroidism

and other issues.

6.

Jitendra’s position today is that he is entirely vegetative. He is

being fed through a tube. He cannot move on his own. His

respiration is assisted with a Bi-PAPventilation system. He is

persistently in this condition and is being monitored periodically by

specialists.

7.

In paragraph 13, Nirupama says that she has spent more than

30 lakhs already and there is monthly expenditure of over Rs. 1.25

lakhs on Jitendra’s care. There has been no improvement since

February 2017. He is conscious and opens his eyes but he cannot

speak, comprehend or make any voluntary movements of his own.

The general medical opinion is that there is unlikely to be any

change in Jitendra’s condition and there is virtually no prospect of a

return to normalcy.

8.

Nirupama has no independent source of income. She is in

deep financial distress. She herself is a heart patient and has been

advised to undergo a valve replacement surgery. She too needs

physiotherapy. In her own name she has only about Rs. 8.80 lakhs.

All other as