Bombay High Court
Reshma Salam Kondkari vs Union Of India And Anr on 17 June, 2021
Author: M. S.Karnik
Bench: S.C.Gupte, M. S.Karnik
11.wpl 11394.21.doc
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 11394 OF 2021
Smt. Reshma Salam Kondkari ....Petitioner
Vs.
Union of India and anr. ..... Respondents
Mr.Tejesh Dande a/w Mr.Bharat Gadhavi i/b Tejesh Dande &
Associates, for the Petitioner.
Mr.B.S.Sinha, for Respondent No.1.
Ms.Jyoti Chavan, AGP for the Respondent No.2 - State.
CORAM : S.C.GUPTE &
M. S.KARNIK, JJ.
DATE : 17th JUNE, 2021 P.C. :
. Rule. Rule is made returnable forthwith. Heard fnally with the consent of the parties.
2. This Writ Petition seeks directions for appointment of the Petitioner as a guardian of her husband - Shri Abdul Salam Ismail Kondkari who is in a vegetative state. The Petitioner seeks an authority to take all decisions for managing his afairs such as bank accounts including sale of his immovable property being 1/3 ::: Uploaded on - 18/06/2021 ::: Downloaded on - 18/06/2021 22:36:27 :::
11.wpl 11394.21.doc Flat No. A-4/4:2 on the 4th foor in the building known as 'Vighnahar Co-operative Society Ltd' situated on plot Nos. 1 & 1B, Sector 21, Nerul, Navi Mumbai. This particular fat stands in the joint names of the Petitioner and her husband - Shri Abdul Salam Ismail Kondkari.
3. By order passed by this Court on 19/05/2021, this Court requested the Dean of Sir J.J.Group of Hospitals, Mumbai to constitute a team of Doctors to visit and examine Shri Abdul Salam Ismail Kondkari and submit their report as to his present condition. The Dean of Sir J.J.Group of Hospitals, Mumbai has accordingly constituted a team of Doctors, which has since visited and examined Shri Abdul Salam Ismail Kondkari. The Committee, by its report dated 04/06/2021, has observed that Shri Abdul Salam Ismail Kondkari has been in a vegetative state; though conscious with his eyes opening, he cannot speak or understand or even move his limbs on his own for signing of any document and has been totally dependent on a caregiver for his daily living. In view of this report, in the special facts and circumstances of the case, there is a case for appointing the Petitioner as a guardian of her husband Abdul Salam Ismail Kondkari and permitting her to sell the immovable property referred to in prayer clause (c) of the Petition. 2/3 ::: Uploaded on - 18/06/2021 ::: Downloaded on - 18/06/2021 22:36:27 :::
11.wpl 11394.21.doc
4. Accordingly, the Petition is allowed in terms of prayer clauses (b) & (c) which are quoted below :
"(b) After considering the legality, validity and proprietary of the same, any writ, order or direction in the like nature may kindly be passed thereby treating and accepting the Petitioner as the guardian of her husband Shri Abdul Salam Ismail Kondkari who is in a vegetative state and may kindly be authorized to take all decisions in respect of managing the afairs of the Bank accounts and immovable property standing in the name of Shri Abdul Salam Ismail Kondkari.
(c) That the Petitioner may kindly be authorized to sell immovable property i.e. Flat No. A-4/4:2, on the 4th foor in the building known as Vighnahar Co-operative Society Ltd. situated on plot Nos. 1 & 1B, Sector 21, Nerul, Navi Mumbai, Dist : Thane, standing on the joint name of the Petitioner and her husband Shri Abdul Salam Ismail Kondkari."
5. Rule is made absolute in the above terms.
(M.S.KARNIK, J.) (S.C.GUPTE, J.) 3/3 ::: Uploaded on - 18/06/2021 ::: Downloaded on - 18/06/2021 22:36:27 :::