Court No. - 21
Case :- WRIT - C No. - 10140 of 2018 Petitioner :- Dr. Preet Anand Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Vijay Shanker Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
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."
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. "
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."
The report of the Chief Medical Officer is taken on record of the case.
Senior Superintendent of Police, Ghaziabad has also submitted a report dated 26th March, 2018, which certifies that petitioner is wife of Shri Ravi Anand and they have a daughter, namely, Khushi, who is minor and studying in Ajmer (Rajasthan). The report also certifies that the petitioner has been living with her husband on the address- 4/1, Sector 5, Rajendra Nagar, Shahibabad, Tehsil & District Ghaziabad for the last 14 years along with the family.
The aforesaid two reports do not leave any doubt that petitioner is the legally wedded wife of Shri Ravi Anand, who is hospitalised in a serious medical condition and as per medical report, he can be termed to be in persistent Vegetative state.
In view of the above, there appears to be no dispute on the facts pleaded by the petitioner in this regard in the writ petition. Further, neither in the Mental Health Act or under the Guardian and Wards Act, 1890, there is any provision for appointment of a guardian in such a situation.
Undoubtedly, the petitioner had a remedy of approaching the civil court for the purpose under the common civil law, but in view of the fact that the facts, as stated, are not disputed and the condition of the husband of the petitioner requires constant medical attention; the minor daughter, who is studying, needs financial support and all these require expenditure. However, since there may be other legal heirs or claimants to the property, this Court is not inclined to grant the prayer made by the petitioner to appoint her as guardian in respect of the immovable property and for other purposes.
Learned counsel for the petitioner has pointed out that the husband of the petitioner holds 90% shares in C.P. World Lines Pvt. Ltd. and the rest 10% shares are held by her brother-in-law (brother of Ravi Anand- husband of the petitioner). We have also been informed that husband of the petitioner has been drawing salary from the said company.
Considering the facts and circumstances and to salvage the situation for the distressed petitioner and her minor daughter, we dispose of the writ petition by making following directions.
1. Salary of Shri Ravi Anand, husband of the petitioner, which he was receiving from the company C.P. World Lines Pvt. Ltd. @Rs.2,25,000/- per month shall be credited in the Account No. 30004708903 standing in the name of the petitioner in State Bank of India, Shahibabad Branch, Ghaziabad on or before 8th of every month.
2. All the medical expenses, after the amount of medical insurance gets exhausted, shall be paid, out of the funds of the company, namely, C.P. World Lines Pvt. Ltd. till Ravi Anand is fully recovered and discharged from the hospital.
3. The school fee of the minor daughter, Ms. Khushi Anand shall be continued to be paid out of the funds of the company, C.P. World Lines Pvt. Ltd. as and when the same becomes due and is demanded by the school authorities. In addition, any miscellaneous expenses to be incurred on her education in school where she is studying as and when the demand is raised by the school, shall be paid out of the funds of the company, C.P. World Lines Pvt. Ltd.
4. In order to secure personal expenses of the petitioner, we direct that as per past practice, credit card bills of the petitioner to the tune of Rs.50,000/- per month shall be paid out of the funds of the company C.P. World Lines Pvt. Ltd.
5. Petitioner shall also be entitled to receive a monthly bank statement of the account of the company C.P. World Lines Pvt. Ltd. The other Directors of the company shall be under an obligation to supply the same to the petitioner by 10th of every month. We also give liberty to the petitioner to approach the appropriate authority under the appropriate provisions of law, in case, any discrepancies in the statement of account is notices by her. The said proceeding is being permitted to her on behalf of her husband and once he resumes his normal life, it shall be open to him to take a decision in respect of such proceedings if any initiated by the petitioner.
6. We make it very clear that the aforesaid directions have been issued by us considering the peculiar facts and circumstances of the case in order to provide medical expenses to a person, who is in a critical condition in a hospital and is not in a physical condition to discharge his regular liabilities and in order to ensure uninterrupted study of his minor daughter and maintenance of his wife. We further make it clear that this order shall not stand in the way of the legal heirs of the petitioner's husband in asserting their any of the legal rights before any appropriate forum. Further, all the Bank authorities, the company, other concerned persons and the authorities shall act and follow out the directions issued hereinabove on a certified copy being produced before them.
With the aforesaid observations and directions, the writ petition stands finally disposed of.
Order Date :- 29.3.2018 VKS