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Bombay HC Grants Wife Guardianship Of Husband In Comatose Condition [Read Order]

Nitish Kashyap
17 Oct 2017 12:31 PM GMT
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The Bombay High Court has issued a writ of mandamus declaring one Philomena Lobo as the guardian for her husband Leo Lobo, who is in a comatose condition.

Apart from this, a bench of Justice SS Kemkar and Justice GS Kulkarni directed all respondent banks, financial institutes to operate or deal with the financial affairs of Leo Lobo.

In support of her case, the petitioner (Philomena) submitted a medical certificate from Apollo Hospital in Navi Mumbai dated this September 21 wherein it was stated that Lobo was admitted to the hospital on August 20 and suffered from malignant MCA territory infarction of the left side of the brain and is presently in a persistent vegetative state.

Due to his condition, he is unable to speak, sign or communicate in any way. The certificate also stated that it was being planned to discharge Lobo on September 26 and that he will need continuous monitoring and nursing care at home along with physiotherapy and speech therapy.

Thereafter, on directions of the court, SDM, Thane, visited the Lobo residence and in a report dated October 12, he certified the correctness of the averments made in the said petition.

Also, both their children also stated in an affidavit submitted before the court that Philomena needs the money to pay for medical expenses as a huge amount has already been spent and future expenses also need to be taken care of.

Thus, the court allowed the writ petition seeking mandamus and directed the respondents as well as the bank authorities to comply with the order.

Read the Order Here

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