Case Note & Summary
The case involved a writ petition under Article 226 of the Constitution of India before the Bombay High Court. The petitioner was the wife of a man who had suffered a malignant MCA territory infarction, leaving him in a persistent vegetative state and unable to communicate. She sought a declaration as his guardian and a direction to all banks and finance institutes to permit her to operate his financial accounts, as she required funds for his ongoing nursing care, medicines, physiotherapy, speech therapy, and household expenses. The husband had been hospitalized at Apollo Hospital, Navi Mumbai, since 20 August 2017, and a medical certificate dated 21 September 2017 confirmed his condition. After the petition was filed, the court, on 11 October 2017, directed the Sub-Divisional Magistrate, Thane, to visit the husband's residence and submit a report regarding his health. The SDM complied and submitted a report on 12 October 2017, confirming the veracity of the petitioner's claims, along with photographs and medical documents. Additionally, the couple's two adult daughters filed affidavits stating that their father was in a comatose condition, that the petitioner had incurred substantial medical expenses, and that they had no objection to the reliefs sought. No opposing arguments were presented. The court, after examining the medical papers, the SDM's report, and the daughters' affidavits, found itself in agreement with the petitioner's averments. It noted that in the absence of a specific statutory provision for guardianship of a comatose person, the High Court's writ jurisdiction under Article 226 could be exercised to grant necessary relief. The court allowed the petition in terms of prayer clauses (b) and (c), declaring the petitioner guardian of her husband and directing the respondent authorities and all banks and finance institutes listed in the schedule to the petition to allow her to operate and deal with the financial affairs of her husband. The parties and concerned bank authorities were ordered to act on an authenticated copy of the order. The judgment underscored that where a person is unable to manage his own affairs due to medical incapacity, the High Court can step in to appoint a guardian and ensure access to financial resources based on credible medical evidence and family consent.
Headnote
A) Family Law - Guardianship of Comatose Adult - High Court's Jurisdiction under Article 226 to Appoint Guardian - Constitution of India, 1950, Article 226 - The petitioner sought declaration as guardian of her husband who was in a persistent vegetative state following a malignant MCA territory infarction, relying on medical certificate from Apollo Hospital and consent of adult daughters - Court directed Sub-Divisional Magistrate to verify, whose report confirmed the averments - Held that in absence of specific statutory mechanism, inherent jurisdiction under Article 226 can be invoked to protect interests of a person unable to manage his affairs; petition allowed, petitioner declared guardian, and all banks and finance institutes directed to allow her to operate husband's accounts (Paras 1-7).
Issue of Consideration
Whether a writ of mandamus can be issued declaring the petitioner as guardian of her husband who is in a comatose state and directing banks to allow her to operate his financial affairs.
Final Decision
Petition allowed in terms of prayer clauses (b) and (c): petitioner declared guardian of her husband Leo Lobo, and all banks and finance institutes directed to allow her to operate his financial affairs.
Law Points
- Writ of Mandamus under Article 226 of the Constitution of India can be issued to declare guardian of person in comatose condition
- medical evidence and family consent sufficient for such declaration
