PROFESSOR ALKA ACHARYA vs GOVT. OF NCT OF DELHI AND ORS. & ORS.

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: 31.12.2025 + W.P.(C) 16793/2025 PROFESSOR ALKA ACHARYA .....Petitioner Through: Mr. Lzabeer Ahmad and Mr. Kartikeya Sharma, Advocates. versus GOVT. OF NCT OF DELHI AND ORS. & ORS. .....Respondents Through: Ms. Nitika Bhutani, Advocate for GNCTD. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA JUDGMENT 1. The petitioner in the present petition by invoking the parens patriae jurisdiction of this Court seeks to be appointed as the legal guardian of her husband Mr. Salam Khan, who is stated to be in a vegetative/comatose state after suffering from an “Intracranial Haemorrhage” in February 2025. 2. It is stated that the petitioner married Mr. Salam Khan on 28.06.1989. Respondent no.2 (Ms. Tara Isha) and respondent no.3 (Mr. Aryaan Ishan) are the children born out of their wedlock. 3. Learned counsel on behalf of the petitioner submits that on 09.02.2025, Mr. Salam Khan was diagnosed with a severe brain haemorrhage and underwent an emergency lifesaving surgery at the Apollo Hospital, Sarita Vihar, Delhi. Subsequently, on 14.02.2025, for further treatment, Mr. Khan was shifted to Fortis Hospital, Vasant Kunj, Delhi and was discharged on 11.04.2025. Since discharge, Mr. Khan has been under Signature Not Verified Digitally Signed By:CHINU LUTHRA W.P.(C) 16793/2025 Page 1 of 23 Signing Date:31.12.2025 17:03:56 constant care and supervision of his family at his residence. However, his medical condition has not improved and he continues to remain in an unconscious and vegetative state, requiring a tracheostomy tube for breathing and Ryle tube for feeding. 4. It is also pointed out that a certificate dated 11.04.2025 issued by the Senior Consultant MD(Med.), DM (Neurology), Department of Neurology, Fortis Flt. Lt. Rajan