Gujarat High Court Permits Woman To Become Guardian Of Comatose Husband And Manage His Estate

The Gujarat High Court has granted a woman permission to become the guardian of her husband and manage his estate and movable and immovable properties, as he has been in a coma for five years following a head injury.Justice Sangeeta K. Vishen, presiding over the case, noted, “So far as the medical condition of the patient is concerned, the team of doctors, so also the medical treatment of the hospital where the patient, has taken the treatment, indicates that the patient, is not competent to make and execute any decision. It is also not in dispute that the patient is not in a position to take care of himself and is totally dependent on others.”“the present writ petition, deserves to be entertained, declaring the petitioner no.1 as a guardian of the patient, i.e. Karansinh Rajusinh Dodiya, who is in the state of coma since the year 2019. Therefore, the petitioner no.1 – Anjuben Karansinh Dodiya, is ordered to be declared as a guardian of the patient, i.e. Karansinh Rajusinh Dodiya and manager of the movable and immovable properties belonging to the patient, i.e. Karansinh Rajusinh Dodiya mentioned at paragraph 5 of the writ petition. The petitioner no.1, having been appointed as a guardian and manager, is permitted and authorised to operate the movable and immovable properties, including the lands, bank accounts of the patient, i.e. Karansinh Rajusinh Dodiya and the partnership firms,” Justice Vishen added.The above ruling came in a petition in which the petitioners requested that Anjuben Karansinh Dodiya be appointed as the guardian of Karansinh Rajusinh Dodiya, who is in a vegetative or comatose state. They also sought to have Anjuben declared the manager of the patient's movable and immovable properties.As per the factual matrix of the case, in 2019, the patient was diagnosed with dengue and subsequently hospitalised. During his treatment, he attempted to use the toilet, but due to weakness, he fainted and fell, resulting in a brain haemorrhage and several medical complications. The patient was transferred to Zydus Hospital in Ahmedabad and underwent a decompressive craniectomy brain surgery. He suffered a severe head injury, specifically an acute subdural hematoma, leaving him bedridden, unresponsive, and unable to communicate in any form.Facing financial difficulties in continuing the patient's treatment, his wife Anju, along with their two children and his father-in-law, approached the high court in March. They requested the court to appoint Anjuben as the guardian and allow her to manage the patient's properties and business.Siddharth Kheskani, representing the petitioners, argued that the High Court's intervention was necessary because existing laws, such as the Mental Healthcare Act of 2017, the National Trust Act for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, or the Rights of Persons with Disabilities Act, do not provide provisions for the guardianship of a comatose individual.After hearing the advocates appearing on behalf of all the parties, the Court observed, “It is clear from the record that the patient is unconscious, disoriented and non-reactive. Since past five years, the health of the patient has not seen any improvement.”The Ahmedabad district collector's inquiry report led the Court to declare Anju the guardian of her husband and the manager of his properties, and authorised her to manage his properties, including land, bank accounts, firms, and partnership firms, as long as he remains in a coma.The Court stated, “From the report, it is clear that the patient has suffered the injury and has undergone surgery and is bedridden, unconscious and in a vegetative state and is unable to communicate or speak with the family members.”To ensure compliance with the order, the Court imposed several conditions. The wife must file a report every three months with the Registrar General, High Court of Gujarat, detailing the transactions undertaken regarding the movable and immovable properties, along with a report on any funds received and their utilization for maintaining the patient.The Court directed, “The Registrar General, High Court of Gujarat, shall cause a separate register to be maintained which shall set out, inter alia, the details of the proceedings, the details of the person appointed as a guardian and orders, if any, passed after the appointment of the guardian. Measures shall also be taken by the Registrar General, High Court of Gujarat to preserve the reports filed by the petitioner no.1 – guardian from time to time.”The Court further instructed, “It should be ensured that there is no misuse of the power or misappropriation of the funds and if, there is, any, or there is no requisite care and protection or support with regard to the treatment being extended to the patient, it will be open to place the matter for further consideration of this Court and to reopen and revoke the power, to take appropriate action against the petitioner...

Gujarat High Court Permits Woman To Become Guardian Of Comatose Husband And Manage His Estate

Bhavya Singh

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