In a significant order on guardianship and medical incapacity, a Division Bench of the Bombay High Court comprising Justice Ravindra Ghuge and Justice Abhay Mantri considered a petition filed by a woman seeking to be appointed as the guardian of her husband, who has been in a vegetative state since 2014. The Court dealt with the issue of ensuring proper care of his person and the management of his property, given his permanent medical condition.

Background of the Case:

The petitioner, the wife of Mr. Jagdish Gopal Bhagat, approached the Court seeking to be appointed as the legal guardian of her husband’s person and property. Mr. Bhagat, aged 56 years, has been in a vegetative state since December 2014 after suffering a traumatic brain injury. The petitioner also stated that the Class-I legal heirs include his mother and the couple’s son, both of whom were made respondents in the case.

Considering the nature of the matter, the Court directed J.J. Hospital, Mumbai, to form a Medical Board consisting of a neurologist and other senior doctors to examine Mr. Bhagat at his residence and submit a detailed medical report.

The Medical Board examined him on 30 January 2026. In its report, signed by three senior doctors, it was recorded that the patient was conscious but did not respond to verbal commands and was unable to understand spoken language. He showed a right gaze preference and had quadriparesis, with only minimal movement in response to painful stimuli. A tracheostomy tube was in place, and he was being fed through a PEG tube. The doctors further noted his history of traumatic brain injury with severe cognitive decline, complete dependence on relatives for daily care, and a very low chance of recovery.

Court’s Final Direction

After considering the medical report and the circumstances of the case, the Court found it appropriate to allow the petition. The Court held that the petitioner, Vidya Jagdish Bhagat, should be treated and accepted as the guardian of her husband, Mr. Jagdish Gopal Bhagat, in respect of both his person and property.

The Court further permitted her to represent his interests, carry out all necessary functions on his behalf, and manage his immovable assets, given his incapacitated medical condition.

Case Detail: Vidya Jagdish Bhagat vs. Union of India & Ors(Writ petition no. 16935 of 2025)