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2020 Supreme(All) 616

SHASHI KANT GUPTA, SAURABH SHYAM SHAMSHERY
Uma Mittal – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Bidhan Chandra Rai.
For the Respondent: A.S.G.I., Amrish Sahai, C.S.C., Maneesh Mehrotra, Satish Chaturvedi, Seema Singh, Manish Mehrotra.

JUDGMENT :

Shashi Kant Gupta, J.

1. The present writ petition has been preferred seeking the following relief:

    (a) issue a writ, order or direction in the nature of mandamus appointing petitioner No.1, namely Uma Mittal, W/o Sri Sunil Kumar Mittal, as the guardian of her husband to protect his interest, administer bank accounts, investments, proprietorship business, etc. and in the event of necessity, to sell the immovable property standing in the name of her husband and to use the proceeds towards medical treatment of her husband and family welfare expenses;

Backdrop

2. The material facts of the case as pleaded in the writ petition are as follows:

3. Petitioner No.1, is the wife of Sri Sunil Kumar Mittal (in short 'SKM'), son of Late Visheshwar Dayal Mittal. The couple had four children (Petitioners Nos. 2 to 5) i.e. three daughters namely Mrs. Mohini Mittal Raizada, Ms. Ritika Mittal, Ms. Ruchika Mittal and a son Mr. Raghav Mittal; Petitioner No. 2 is a married daughter, married to Sri Mukul Raizada and is presently residing with her husband at Gurgaon, Haryana. However, Petitioner

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