{"id":234902,"date":"2020-08-27T18:28:35","date_gmt":"2020-08-27T12:58:35","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=234902"},"modified":"2020-09-04T12:35:42","modified_gmt":"2020-09-04T07:05:42","slug":"bom-hc-can-a-wife-be-appointed-as-the-guardian-of-husband-who-is-in-a-state-of-comatose-or-vegetative-state-court-elaborates","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/08\/27\/bom-hc-can-a-wife-be-appointed-as-the-guardian-of-husband-who-is-in-a-state-of-comatose-or-vegetative-state-court-elaborates\/","title":{"rendered":"Bom HC | Can a wife be appointed as the guardian of husband who is in a state of comatose or vegetative state? Court elaborates"},"content":{"rendered":"

Bombay High Court:\u00a0<\/strong>A Division Bench of Ujjal Bhuyan and Milind N. Jadhav, JJ., while addressing an issue with regard to the appointment of a guardian for a person who is lying in the state of coma, held that,<\/p>\n

\n

“…the wife can be said to be best suited to be the guardian of her husband who is under a state of incapacity or disability on account of being in a comatose condition or vegetative state.”<\/p>\n<\/blockquote>\n

State of Comatose<\/span><\/p>\n

Petitioner’s husband is in a state of comatose with no signs or prospects of revival. Petitioner has two sons one of whom is a minor and a dependent mother-in-law to look after.<\/p>\n

With the mounting medical bill and other household expenses, petitioner in a state of helplessness has approached this Court invoking its writ jurisdiction for relief.<\/p>\n

Petitioners Counsel is Kenny Thakkar, for respondent 1 the counsel is A.D. Yadav, S.S. Panchpor, Assistant Government Pleader for respondent 2.<\/p>\n

Since the petitioner’s husband is in a comatose condition he is unable to use his intellect, converse and sign various documents. Accordingly, the petitioner is required to act as his guardian so as to safeguard the business and other interests of the husband and also to look after her family.<\/p>\n

Banks<\/span><\/p>\n

Banks refused the petitioner to put her signature in place of her husband, rather the petitioner was advised to approach the competent court to get herself appointed as the guardian.<\/p>\n

Next Friend\/Guardian<\/span><\/p>\n

Petitioner’s counsel submitted that by virtue of being the wife, the petitioner is in the best position to act as his husband who is in a comatose state for the last two years with no signs of revival as his guardian.<\/p>\n

\n
\n
\n
\n

On a query by the Court on what basis she was invoking writ jurisdiction of the Court, petitioners counsel submits that there is no statutory provision relating to the appointment of a guardian of a person who is in a state of coma or lying in a vegetative state. Therefore, a writ court exercising jurisdiction under Article 226 of the Constitution of India would be in the best position to grant relief to the petitioner.<\/p>\n

Analysis and Decision<\/span><\/h3>\n

Bench cited the Supreme Court decision in Aruna Ramchandra Shanbaug v. Union of India<\/em>, (2011) 4 SCC 454<\/a> and stated that patients in a coma have a complete failure or the arousal system with no spontaneous eye-opening and are unable to be awakened by application of vigorous sensory stimulation.<\/span><\/p>\n

\n
\n
\n
\n
\n

When a person is in coma or in a comatose condition or in a vegetative state, it cannot be construed that such a person is physically challenged person or a mentally challenged person as is understood under the relevant statutes. Nor such a person can be construed to be a minor for the purpose of appointment of a guardian.<\/p>\n<\/blockquote>\n

\n
\n
\n
\u00a0Relevant statutes relating to the appointment of a guardian, such as the following would not be applicable to persons lying in a comatose condition or in a vegetative state:<\/span><\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n