Telangana High Court Appoints Wife Of Man Who Was In Vegetative State As Legal Guardian Of His Property
The Telangana High Court has appointed the wife of a man who was in a vegetative state as his legal guardian.
The order was passed by Justice B. Vijaysen Reddy in a writ petition, which was filed raising the parens patriae jurisdiction of the Court. Under parens patriae, the State has a paternal and protective role over its citizens.
It was pleaded that the petitioner may be appointed as the legal guardian of her husband's property under peculiar circumstances and in the absence of any legislation on the matter.
The petitioners who are the wife and sons of the person in a vegetated state (Nandyala Subbaram), contended, that ever since a young age, Nandyala Subbaram had been plagued with one ailment after another.
It was stated that recently, in January 2024 the petitioner's husband was admitted to the hospital for treatment for Tuberculosis which went on till April 2024. Subsequently, in May, her husband suffered from Cardiac fatigue and lost all motor skills. It was contended that the family had already incurred an amount of fifty-nine lakhs as medical expenditure and stated that they had no other liquidated income to spend.
It was pleaded that certain immovables registered in the name of the petitioner's husband could be used to meet expenses, however, the petitioner's husband was not in a condition to transact. Thus it was prayed that the petitioner be made the legal guardian of the property.
Hence, the bench ordered: “In view of the above, petitioner No.1 is appointed as interim legal guardian of her husband, Mr. Subbaram Nandyal, for liquidating and realizing the movable and sale of one of the immovable properties as indicated above. In the case of immovable properties, petitioner No.1 is directed to enter into agreement of sale and furnish the details of sale consideration, purchaser etc., and seek permission of this Court before executing sale deed. Further, petitioner No.1 is allowed to operate the bank accounts and other liquid assets of Mr. Subbaram Nandyala and all the concerned authorities shall treat petitioner No.1 as interim legal guardian of her Mr. Subbaram Nandyala.”
The matter has been posted on 08.08.2024 for further hearing.
WP 18291 of 2024
Nandyala Vaidehi vs. State of TS
Counsel for petitioner: Senior Counsel Avinash Desai
Counsel for respondents: GP for Family Health and Welfare.