Case Note & Summary
The petitioner, Sandya Anilkumar, wife of Dr. Anil Kumar H.V., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking appointment as guardian of her husband, who had been lying in an ICU for more than 9 months in a comatose state on mechanical ventilation, unable to write or sign any papers. She also sought a writ of mandamus directing respondent banks (State Bank of India and Indian Overseas Bank) to allow her to withdraw money from her husband's accounts for his day-to-day treatment and their livelihood. The court heard the counsel for the petitioner, the High Court Government Pleader for respondent No.1 (Chief Secretary), and the advocates for respondent No.2 and respondent No.4. The court, exercising its parens patriae jurisdiction, appointed the petitioner as the guardian of her husband and directed the banks to permit her to withdraw funds from his accounts for his treatment and their livelihood. The order was made on 29th April 2025.
Headnote
A) Guardianship - Comatose Spouse - Appointment of Guardian - No specific statute - Court exercising parens patriae jurisdiction under Article 226 of the Constitution of India - Petitioner sought appointment as guardian of her husband who was in ICU for over 9 months in comatose state on mechanical ventilation - Court held that in the absence of any statutory provision, the court has inherent power to appoint a guardian for a person who is incapacitated and unable to manage his affairs - Petitioner appointed as guardian of her husband Dr. Anil Kumar H.V. (Paras 1-3) B) Banking - Access to Funds - Writ of Mandamus - Petitioner sought direction to banks to allow her to withdraw money from her husband's accounts for his treatment and livelihood - Court held that since the petitioner is appointed as guardian, she is entitled to operate the accounts for the benefit of her husband - Directed respondent banks to allow the petitioner to withdraw funds from the accounts of Dr. Anil Kumar H.V. for his treatment and their livelihood (Paras 2-3)
Issue of Consideration
Whether the court can appoint the wife as guardian of her comatose husband and direct banks to allow her to withdraw funds from his accounts for his treatment and their livelihood.
Final Decision
The court allowed the petition, appointing the petitioner as guardian of her husband Dr. Anil Kumar H.V., and directed respondent banks (R2 to R4) to permit the petitioner to withdraw money from the accounts of Dr. Anil Kumar H.V. for his treatment and their livelihood.
Law Points
- Guardianship of comatose spouse
- writ of mandamus
- bank account access for medical treatment
- parens patriae jurisdiction
- Article 226 of the Constitution of India
