ANJUBEN KARANSINH DODIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Issue rule, returnable forthwith. Ms Foram Trivedi, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondent.

(2.) By this petition, the petitioners have prayed for direction to hold and declare the petitioner no.1 - Anjuben Karansinh Dodiya as a guardian of Karansinh Rajusinh Dodiya (hereinafter referred to as 'the patient'), who is in a vegetative/comatose state. Further prayer is for declaring the petitioner no.1 - Anjuben Karansinh Dodiya as the manager of the movable and immovable properties belonging to the patient.

(3.) Mr Siddharth Keshkani, learned advocate for the petitioners submitted that the petitioner no.1 is the wife of the patient. The marriage was solemnized as per the Hindu rites in the year 1996 and petitioner nos.2 and 3 are the sons of the patient, aged 20 years and 15 years respectively. It is submitted that in the year 2019, the patient was detected with dengue and was hospitalized. Owing to the weakness, the patient, fell on the floor, and as a result, has sustained brain hemorrhage with severe medical complications. It is thereafter, that the patient was shifted to Zydus Hospital and has undergone decompressive craniectomy with evacuation of Acute SDH. It is submitted that as per the certificate, the patient, is in unconscious state. The patient is totally bedridden, unresponsive, unable to communicate via sign language. The patient, since is unconscious, disoriented and non-reactive, the petitioners, therefore, are collectively taking care of the patient, including the medical follow-ups. Even after passage of more than five years, there is no progress in the health condition of the patient and is in a vegetative state. The recovery is full of uncertainty and beyond the medical scope.