Gujarat HC Appoints Wife as Guardian for Comatose Husband and His Estate

In a significant ruling, the Gujarat High Court has appointed Anjuben Karansinh Dodiya as the guardian and manager of the properties of her husband, Karansinh Rajusinh Dodiya, who has been in a comatose state since 2019. The case, Special Civil Application No. 3687 of 2024, was presided over by Justice Sangeeta K. Vishen. The petitioners were represented by Mr. Siddharth R. Kheskani, while the respondents were represented by Ms. Foram Trivedi, Assistant Government Pleader.

Important Legal Issues

The primary legal issue in this case was the absence of legislative provisions for appointing a guardian for a person in a comatose state. The petitioners invoked the extraordinary jurisdiction of the High Court under Article 226 of the Constitution of India, seeking to appoint Anjuben as the guardian of her husband and manager of his movable and immovable properties. The case highlighted the lack of specific statutes addressing the guardianship of individuals in a vegetative state, necessitating judicial intervention.

Court’s Decision

Justice Sangeeta K. Vishen ruled in favor of the petitioners, emphasizing the court’s role as parens patriae—a doctrine where the state acts as a guardian for those unable to care for themselves. The judgment referenced similar cases, such as Shobha Gopalakrishnan vs. State of Kerala and Sairabanu Mohammad Rafi vs. State of Tamil Nadu, where courts had previously appointed guardians in the absence of specific legislative provisions.

Key Observations

Justice Vishen made several critical observations in her judgment:

1. Role of the Court: “Jurisdiction under Article 226 of the Constitution of India springs up when no remedy is provided under any statute to persons like patients in a comatose state. It is something like ‘parens patriae’ jurisdiction.”

2. Financial and Medical Burden: The court acknowledged the financial and medical burden on the petitioners, noting that they were spending approximately Rs. 2 lakh per month on the patient’s treatment and faced significant difficulties in managing his properties without legal authority.

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3. Guidelines for Guardianship: The judgment laid out detailed guidelines for the appointment and responsibilities of a guardian, ensuring the guardian acts in the best interest of the patient and is subject to regular reporting and oversight.