“Not A Stranger In Relationship”: Karnataka High Court Appoints Wife As Guardian Of Husband Lying In Comatose State
The Court noted that Guillain Barre Syndrome necessitates a patient with that syndrome to be on ventilator and results in ebbing mental prowess, and renders the patient incapable of writing and signing.
Justice M. Nagaprasanna, Karnataka High Court
The Karnataka High Court has appointed a woman as guardian of her husband, who has been in a comatose state on account of suffering from Guillain Barre Syndrome, and on mechanical ventilation for over nine months, and directed the concerned banks to permit her to operate his accounts to draw money for treatment and livelihood.
A Single Bench of Justice M. Nagaprasanna observed, “The petitioner is not a stranger in relationship to the account holder, she is the wife…the husband of the petitioner being in a comatose state due to 'Guillain Barre Syndrome', a syndrome which is known to be a rare neurological disorder in which a person's immune system is compromised by an attack to the part of the peripheral nervous system. It is in public domain and in medical parlance, this syndrome results in muscle weakness, problem with coordination, complete weakness of the arms and legs, a sort of paralysis, writing or signing of a person with the said syndrome is next to impossible and therefore, the petitioner has now been in a comatose state.”
The Court added, “The livelihood of the family is now put to jeopardy, as the averment in the petition is for nine months, the family is unable to meet both the ends, as no money can be drawn from the accounts, one of which also holds the pension of the husband of the petitioner.”
Advocate H. Venkatesha Dodderi appeared for the Petitioner, while Advocate Shamanth Naik represented the Respondents.
Brief Facts
The Petitioner approached the Court seeking to be appointed as guardian of her husband, who is in a comatose state and has been admitted in the ICU since June 2024. The medical certificates issued by Bangalore Medical College and Manipal Hospital stated that he was suffering from Guillain Barre Syndrome and was unable to move his limbs, bed bound and completely dependent for all activities, and was unable to write or sign in view of limb weakness.
The Petitioner submitted representations to the banks where her husband held accounts, along with supporting medical records, seeking permission to operate his accounts. However, the banks did not act upon her request. Aggrieved, the Petitioner approached the High Court.
Reasoning of the Court
The Court observed that it was undisputed that the relationship between the Petitioner and the account holder, is husband and wife.
Referring to the medical condition, the Court noted, “Guillain Barre Syndrome… results in muscle weakness, problem with coordination, complete weakness of the arms and legs, a sort of paralysis, writing or signing of a person with the said syndrome is next to impossible and therefore, the petitioner has now been in a comatose state.”
The Bench recorded, “The certificates are not disputed by the respondents… owing to these peculiar facts, I deem it appropriate to permit the petitioner, the wife of Dr. Anil Kumar H.V. to operate the account and draw money, as the petitioner is not a stranger in relationship to the account holder, she is the wife.”
The Court noted that the existing legislative framework does not provide for appointment of a guardian in such cases. It referred to the judgment of the Kerala High Court in Shobha Gopalakrishnan v. State of Kerala (2019), which held that in the absence of a provision for appointment of a guardian to a patient lying in a comatose state, petitioners were justified in approaching the Court under Article 226 of the Constitution.
The Court further relied on Uma Mittal v. Union of India (2020), where the Allahabad High Court appointed the wife as guardian of her comatose husband, granting her authority to operate his accounts and manage his assets for treatment and family welfare.
The Bench observed, “In the light of the unequivocal facts narrated hereinabove and the husband of the petitioner being in a comatose state due to ‘Guillain Barre Syndrome’… I deem it appropriate to permit the petitioner, the wife of Dr. Anil Kumar H.V., to operate the account, as if the husband was operating the account.”
Consequently, the Court allowed the writ petition, appointing the petitioner as the guardian to her husband, and further directed the Respondent banks to allow the petitioner to draw money for day-to-day treatment of her husband and for the livelihood of the family.
Cause Title: Sandya Anilkumar v. The Chief Secretary, Government of Karnataka (Neutral Citation: 2025:KHC:17786)
Appearance:
Petitioner: Advocate H. Venkatesha Dodderi
Respondents: Advocates Shamanth Naik, Divya Purandar, Keerthi Kumar D. Naik
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