Komal Gupta and Ors v. State (Nct of Delhi ) and Anr

NAVIN CHAWLA, J DECEMBER 24, 2019 RN

Page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 16.12.2019 Date of Decision: 24.12.2019 + W.P.(C) 4937/2019 KOMAL GUPTA AND ORS. ..... Petitioners Through: Mr.Siddharth Mehta & Mr.Utkarsh Mathur, Advs. versus STATE (NCT OF DELHI ) AND ANR. ..... Respondents Through: Ms.Hetu Arora Sethi, ASC with Mr.Sidharth Agarwal & Mr.Abhimanyu Verma, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA 1. This petition has been filed by the petitioners inter alia praying for the following reliefs: "(i) Issue an appropriate writ, order or direction in the nature of a mandamus appointing the Petitioner No. 1, Shri Komal Gupta as the guardian of Ms. Mini Gupta in respect of bearing no. KU-50, Second Floor Pitampura, Delhi with power to protect, administer and sell the property. (ii) Issue an appropriate writ, order or direction in the nature of a mandamus permitting the Petitioner No.1, Shri Komal Gupta to operate the Bank Account No. 071200101770006 in Corporation Bank, Goodley Public School Building Branch, Shalimar Bagh standing in the name of Ms. Mini Gupta." Page 2 2. The petitioner no.1 is the husband of Dr. Mini Gupta (hereinafter referred to as the 'patient'), while the petitioner nos.2 and 3 are the children born from the wedlock of the petitioner no.1 with the patient. 3. It is asserted by the petitioners that on 22.10.2017, the patient was admitted to Fortis Hospital, Shalimar Bagh with a history of fever for three days, headache and backache. Upon examination, she was diagnosed with Dengue Fever with Dengue Encephalitis with seizures on Teacheostomy and PEG Tube. She was also diagnosed with Secondary Hameophagocytic Syndrome. In the Hospital, she developed grave complications leading to multiple episodes of seizure and loss of consciousness which finally culminated into the patient slipping into comatose state. The patient was discharged from the Hospital on 11.11.2017, however, her prognosis remained poor and she was unable to recover from her comatose state. It is further asserted that since her discharge, the patient is being treated at the residence where a room in the house has been converted into a Ward for her care and comfort, however, she continues to remain in a comatose condition, unable to maintain herself. The petitioner no.1 claims to have employed full time nurses for looking after the patient. It is further asserted that the patient is breathing with the help of Tracheotomy Tubes in throat and is fed by a Percutaneous Endoscopy Gastronomy Tube ("PEG tube"), which has been placed in her stomach. The patient is required to be taken to the hospital for follow- ups at regular interval. Page 3 4. It is asserted that a huge expenditure has been incurred for the medical care of the patient, however, the patient is in continues comatose condition for almost two years with little chance of recovery. 5. The learned counsel for the petitioners asserts that the petitioner no.1 is incurring a monthly expenditure of about Rs.65,000/- to Rs.70,000/- for the medical care of the patient. 6. It is further asserted that the petitioner no.1 is presently working in a Media Company at the post of a Consultant and is having a salary of around Rs.4.30 lacs per annum and therefore, is finding it difficult to maintain the family along with the expenditure that is to be incurred for the medical treatment of the patient. The petitioner nos.2 and 3 (the children) are pursuing MBBS course and their annual tuition fee and other expenses are also being taken care of by the petitioner no.1. 7. It is further asserted that prior to her present condition, the patient was a successful Medical Practitioner and was earning significantly well. It is further asserted that the patient owns property bearing No. KU-50, Second Floor, Pitampura, Delhi as also has a bank account bearing No. 071200101770006 in the Corporation Bank, Goodley Public School Building Branch, Shalimar Bagh. 8. It is further asserted that there is no other Class-I legal heir of t