Delhi High Court
Gurpreet Kaur Talwar vs State & Ors on 19 November, 2025
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~19
* IN THE HIGH COURTOF DELHI AT NEW DELHI
Date of decision: 19.11.2025
+ FAO 576/2016
GURPREET KAUR TALWAR .....Appellant
Through: Mr. Siddarth Agarwal, Advocate.
versus
STATE & ORS .....Respondents
Through: Appearance not given.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT (ORAL)
TUSHAR RAO GEDELA, J.
1. Learned counsel for the parties are ad idem that the issue raised in the
present appeal is no more res integra in view of the judgment of a Co-
ordinate Bench of this Court in Vandana Tyagi and Anr. Versus
Government of National Capital Territory of Delhi (GNCTD) and Ors.,
bearing W.P.(C) No. 11003/2019 pronounced on 07.01.2020. The said
judgment is taken on record.
2. Learned counsel points out to paragraph 36 of the aforesaid judgment
to submit that the guidelines, as sought in the present appeal, have been
succinctly laid down in the said paragraph.
3. It would be apposite to extract the said paragraph hereunder:-
"36. Guidelines
(i) A person(s) who seek(s) to be appointed as guardians vis-à-vis
an individual, who is lying in comatose state, shall in their
petition to the court disclose the details of all tangible and
intangible assets of such an individual. The details as to their
location and approximate market value shall also be disclosed.
In case of bank accounts, stocks, shares, and debentures and
other investments are concerned, material particulars will be
provided.
(ii) The court will have the person lying in comatose examined by
a duly constituted medical board which would include, inter alia,
a neurologist.
(iii) The court will also direct the concerned SDM/Tehsildar in
whose jurisdiction the person lying in comatose is said to be
located to carry out an enquiry to establish the veracity of the
assertion and to gather material particulars concerning the
person(s) who approach the court for being appointed as
guardians. The enquiry will, inter alia, gather information as
regards the relationship that the person(s) who wish to be
appointed as guardians has/have with the person lying in
comatose state. Information with regard to the financial
condition of persons wanting to be appointed as guardians shall
also be collected apart from other aspects which may have a
material bearing in their discharging the duties of a guardian.
Any conflict of interest concerning the affairs of the person lying
in comatose state will be brought to fore in the report generated
during the course of the enquiry.
(iv) Ordinarily only that person will be appointed as guardian
who is a spouse or a progeny of the person lying in comatose.
The person seeking appointment as a guardian in his petition to
the court will, however, disclose the particulars of all legal heirs
of the person lying in comatose. In the event, the person lying in
comatose has neither a spouse nor any children or even any legal
heirs or if he/she has such persons in his life but stands
abandoned by them subject to the permission of the court his next
friend who wishes to be appointed as a guardian can approach
the court with such a request. In the alternative, the Court could
direct the Department of Social Welfare, GNCTD to appoint a
public official such as a Social Welfare Officer or a person
holding equivalent rank to act as the guardian of the person lying
in comatose state.
(v) Only that person shall be appointed as a guardian who is
otherwise in law competent to act as a guardian.
(vi) The order directing appointment of a guardian shall specify
the assets qua which the guardianship order is passed. The court
will be empowered to modify the order and bring within its sweep
other assets, if required, in the interest of the person lying in
comatose state. In case liquid funds are not available and there is
a requirement to sell the assets of the person lying in comatose
state, upon the guardian approaching the court, necessary
directions could be passed in that behalf.
(vii) The person appointed as a guardian will file every six (6)
months (or within such period as the court may indicate in its
order) a report with the Registrar General of this court. The
report shall advert to the transactions undertaken by the
guardian in respect of the assets of the person lying in comatose
state. Besides this, the report shall also indicate the funds, if any,
received by the guardian and their utilization for the purposes of
maintaining the person lying in comatose state.
(viii) The Registrar General of this court will cause a separate
register to be maintained which will set out inter alia the details
of the proceedings, the particulars of the person appointed as a
guardian and orders, if any, passed after the appointment of the
guardian. Measures will also be taken by the Registrar General
to preserve the reports filed by the guardian from time to time.
(ix) It will be open to the court to appoint a guardian either
temporarily or for a limited period, as may be deemed fit.
(x) In the event, the guardian appointed by the court misuses
his/her power or misappropriates, siphons or misutilizes the
assets of the person lying in comatose state or fails to utilize the
assets in the best interest of the person lying in comatose state,
the court would have the power to remove the guardian and
appoint another person in his/her place. The substituted person
could also be a public officer such as a Social Welfare Officer or
an officer holding an equivalent rank.
(xi) The guardian appointed by the court shall intimate his
appointment to the public official/Social Welfare Officer or
officer of an equivalent rank designated by GNCTD. Both the
guardian as well as the Registrar General of this court will cause
a copy of the order of guardianship being served upon such
officer. Such officer shall visit the person lying in comatose at
least once in every quarter. The Social Welfare Officer will
generate a report of his visit. In case the Social Welfare Officer
finds that the guardian appointed by the court is not acting in the
best interest of the person lying in comatose state, he will move
the court, at the earliest, for seeking appropriate directions.
(xii) The guardian appointed by the court will ensure that the
transactions entered into by him or her comport with the relevant
provisions of the law.
(xiii) In case a relative or a next friend of the person lying in
comatose state finds that the guardian is not acting in the best
interest of the person lying in comatose state, such person will
also have the locus to approach the court for issuance of
appropriate directions and/or for removal of the guardian.
(xiv) In case, the guardian wishes to move the person lying in
comatose state to another state or even to another country for the
purposes of securing better medical treatment for the person
lying in comatose state, he/she would approach the court for
necessary permission before undertaking such an exercise."
4. Learned counsel for the appellant states that the grievances of the
appellant are sufficiently answered by the Guidelines so prescribed by this
Court in Vandana Tyagi (supra).
5. In view of the aforesaid, nothing survives further for adjudication and
the present appeal stands disposed of without any order as to costs.
TUSHAR RAO GEDELA
(JUDGE)
NOVEMBER 11, 2025
kd
