- (1.) Petitioner approached this Court seeking the following main reliefs. "A. Issue an appropriate writ, order or direction in the nature of mandamus to District Magistrate Ghaziabad to appoint the petitioner Dr. Preet Anand as a guardian to her husband Shri Ravi Anand for the purpose of managing and selling the immovable properties till he is stated to be in a condition of coma; and/or B. Issue an appropriate writ, order or direction in the nature of mandamus to District Magistrate Ghaziabad to appoint the petitioner Dr. Preet Anand as a guardian to her husband Shri Ravi Anand for the purpose of managing and otherwise taking care of movable properties as he is in a state of coma; and/or C. Pass any other writ(s)/order(s)/direction(s) as this Hon'ble court may deem fit and proper under the facts and circumstances of the present case and in the interest of justice."
(2.) After hearing learned counsel for the petitioner on 20th March, 2018, we passed the following orders. "Petitioner-wife of one Ravi Anand, who unfortunately was hospitalized on 08.02.2018 and is admitted in Intensive Care Unit of respondent no. 3-hospital since then and virtually is in a state of Coma, has approached this Court seeking a prayer to appoint her as a guardian of her ailing husband for the purpose of managing the property and his bank accounts. Learned counsel for the petitioner vehemently submits that neither under the Guardian and Wards Act nor under the Mental Health Act, there is any provision for appointment of a guardian and in such a situation and the remedy under the common law of filing a suit for the purpose, will not be an effective remedy, since time is the essence and everyday a huge amount is being spent on the treatment. Before proceeding to consider the unusual prayer having been made before us invoking the extra ordinary jurisdiction conferred by Article 226 of the Constitution of India, we feel it appropriate that a report be called for from the Chief Medical Officer, Ghaziabad in respect of the medical condition of Shri Ravi Anand, husband of the petitioner hospitalized in Jaypee Hospital, NOIDA. A copy of this order shall be produced by the petitioner before the Chief Medical Officer, who after making necessary enquiries, shall submit a report before this Court within a week from today in respect of the medical condition. A copy of this order shall also be produced before the District Magistrate, who is also directed to submit a report in respect of the family position and particularly the averments made in the writ petition that petitioner is legally wedded wife of Shri Ravi Anand and they have one minor daughter out of their wedlock. The District Magistrate shall also submit the report to this Court within a week from today. The matter shall be placed before us as fresh before us on 28th March, 2018. "
(3.) In compliance of the directions issued by us, Chief Medical Officer, Ghaziabad has submitted a report dated 23.03.2018, which goes to show that the husband of the petitioner, Shri Ravi Anand, is admitted in Jaypee Hospital since 08.02.2018. The medical summary of the said patient has been given in the report, which is quoted hereinunder. "Presently, for last many days patient was been in the MICU in comparatively stable condition in terms of maintaining normal sinus rhytm, hemodynamic, has been off ventilator, without any life support, however his consciousness level remains compromised. He does not follow any commands and his cognitive abilities are severely compromised. Technically he can be termed as persistent Vegetative state. It is difficult to foresee when and how much improvement in terms of his consciousness and sensorium is going to come with passage of time. Right now, he is completely dependent for all his daily needs.";