As there is no legislation in India relating to the appointment of guardian for the person in comatose or vegetative state Writ Petition under Article 226 was filed by Reshma Kondkari for being appointed as Guardian for her Husband who is in comatose/vegetative state for last 2 years and it was very difficult for her to bear his day to day medical and other expenses as she was not allowed to handle his accounts and sell the property which she holded jointly with him.

Court requested the Dean of Sir J.J.Group of Hospitals, Mumbai to visit and examine Mr.Kondkari and submit their report as to his present condition. In their report it has been observed that Mr. 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 for his daily living. In an order dated 17.6.2021, Division Bench of Bombay High Court appointed Reshma Kondkari as a guardian for her husband who is in Comatose/Vegetative and further held that she can sell the property which was jointly held by her with her husband and also handle his accounts.