Uttarakhand High Court Allows Wife's Plea To Become Guardian Of Comatose Husband

In a first-of-its-kind order, the Uttarakhand High Court allowed the application of a wife who sought guardianship of her husband who is in a state of coma and deeply bedridden.

The petitioner-wife approached the High Court seeking her appointment as her husband's guardian. She sought authority to look after his property, manage his bank accounts, and sign documents on his behalf.

Since no law is in the field to appoint the petitioner as her husband's guardian, the Single bench comprising Justice Pankaj Purohit justified the petitioner's reference to the Kerala High Court's decision in the case of Shobha Gopalkrishnan & another vs. State of Kerala & others, where the High Court had issued several guidelines to deal with the procedure for appointment of Guardian to a patient lying in comatose state.

After finding that the husband was in a comatose state and bedridden which was an essential criterion to be determined by a duly constituted medical board as per the aforesaid guideline, and also the relatives/respondent of the husband haven't opposed the petitioner's demand, the court deemed appropriate to appoint the petitioner-wife as her husband's guardian.

“Accordingly, the writ petition is allowed. Petitioner-Smt. Kamakshee Bisht, w/o Shri Mukesh Chand Joshi is hereby appointed as Guardian of her husband-Mr. Mukesh Chand Joshi in respect of the property moveable or immovable recorded in his name and to deal with the bank accounts of her husband and further to do all such acts as are necessary to the best interest of her husband. It is also clarified that the petitioner as Guardian shall be entitled to sign any documents which are required to be signed by her husband.”, the court ordered.

However, the court clarified that the petitioner's guardianship would be re-opened or revoked “if there is any misuse of power or misappropriation of funds or non-extension of requisite care and protection or support with regard to the treatment and other requirements of the person lying in comatose state”.

“It is also provided that the Guardianship so awarded by this Court can be revoked by the husband of the petitioner, in case he recovers and attains the healthy life.”, the court added.

Case Title: Kamakshee Bisht Versus State Of Uttarakhand & others, WPMS No. 2553 of 2024

Click here to read/download the order

Related Reports: Calcutta HC Invokes Writ Jurisdiction To Appoint Son As Guardian Of Comatose Father, Points Lacuna In Law But Protects Patient's Right To Life

Allahabad HC Grants Wife Guardianship Of Husband In Comatose Condition; Calls Upon Central Government To Enact A Law [Read Judgment]

Only The Spouse Or Children Of A Person In Coma Can Be Appointed As His Legal Guardians: Delhi HC