LAWS(BOM)-2019-4-268

MADHU VIJAYKUMAR GUPTA Vs. STATE OF MAHARASHTRA

Decided On April 02, 2019
Madhu Vijaykumar Gupta Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioner and the learned AGP for the State.

(2.) The petitioner is seeking a writ or directions from this Court holding that the petitioner is a guardian of Dr. Vijaykumar Gupta (her husband), who is suffering from pontine haemorrhage and is in coma since 6th September, 2013. We may note here that under the order dated 12th October, 2017 a Division Bench of this Court noted the facts of the case and directed the Sub-Divisional Officer, Bandra (E), Mumbai to visit the place of residence of the petitioner and submit a report about the condition of Dr. Vijaykumar Gupta with regard to the averments made in the petition. Accordingly, a report has been submitted by the Sub-Divisional Officer, Mumbai, Suburban District. To the said report, a letter dated 18 th October, 2017 of Dr. Swapnil Joshi, Assistant Professor of KEM Hospital has been annexed. He has suggested that after examination of history, opinion of neurophysician is advised with further investigation. Therefore, we thought it fit that an opinion of a neurophysician as suggested by Dr. Joshi should be obtained.

(3.) The learned Government Pleader informs us that neurophysician and neurologist are attached to B.Y.L. Nair Charitable Hospital, run by Mumbai Municipal Corporation.