Bombay High Court
Madhu Vijaykumar Gupta vs The State Of Maharashtra And 2 Ors on 2 April, 2019
Author: M.S. Sanklecha
Bench: A.S. Oka, M.S. Sanklecha
Uday S. Jagtap 2476-17-WP-903=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2476 OF 2017
Dr. Madhu Vijaykumar Gupta .. Petitioner
v/s.
The State of Maharashtra & Ors. .. Respondents
Mr. Siddharth R. Ronghe for the petitioner Ms. Jyoti Chavan, AGP for the respondent - State CORAM : A.S. OKA & M.S. SANKLECHA, J.J. DATED : 2 nd APRIL, 2019 P.C.
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 1 of 4 ::: Uploaded on - 02/04/2019 ::: Downloaded on - 03/04/2019 04:08:35 ::: Uday S. Jagtap 2476-17-WP-903=.doc 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.
4. The petitioner is a resident of Dahisar, Mumbai and her husband is confined to bed at the place of the residence of the petitioner. Therefore, it will be appropriate if the Dean of BYL Nair Charitable Hopsital nominates a neurophysician or neurosurgeon to visit the place of residence for examining the petitioner's husband to enable the Court to know the present medical condition of the petitioner's husband. If a neurophysician or neurologist so deputed is of the opinion that 2 of 4 ::: Uploaded on - 02/04/2019 ::: Downloaded on - 03/04/2019 04:08:35 ::: Uday S. Jagtap 2476-17-WP-903=.doc certain tests are required to be conducted, which cannot be conducted at the place of residence of the petitioner, the same shall be conducted in B.Y.L. Nair Charitable Hospital by taking him in ambulance.
5. We accordingly direct the Dean of B.Y.L. Nair Charitable Hospital to nominate either a neurophysican or neurosurgeon to visit the place of residence of the petitioner for examining Dr.Vijaykuamar Gupta and for submitting an opinion in writing about the present medical condition of the petitioner in the context of the relief claimed in the petition.
6. The petitioner to submit copies of necessary medical papers to the Dean of the B.Y.L. Nair Charitable Hospital to enable him to nominate appropriate neurophysician or neurosurgeon to visit the place of residence of the petitioner.
7. For the time being, the travelling charges of neurophysician and / or neurosurgeon so nominated by the Dean of the B.Y.L. Nair Charitable Hospital will be born and paid by the petitioner.
8. We request the Dean of the B.Y.L. Nair Charitable Hospital to 3 of 4 ::: Uploaded on - 02/04/2019 ::: Downloaded on - 03/04/2019 04:08:35 ::: Uday S. Jagtap 2476-17-WP-903=.doc ensure that medical opinion in writing is submitted to this Court in a sealed envelop. The sealed envelop shall be forwarded by the Dean to the Prothonotary and Senior Master of this Court. An endavour shall be made to forward the opinion on or before 29th April, 2019.
9. Place the petition High on Board on 30 th April, 2019 for final disposal at admission stage.
10. The Dean of B.Y.L. Nair Charitable Hospital to act upon an authenticated copy of this order.
(M.S. SANKLECHA, J.) (A. S. OKA, J.)
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