Karnataka High Court Appoints Wife As Comatose Husband's Guardian, Allows Her To Operate His Bank Accounts

The Karnataka High Court has appointed a wife as a guardian to her husband Dr. Anil Kumar H.V, and permitted her to operate Dr Kumar's bank accounts as if he is operating the account, as he is suffering from a neurological disorder and for nine months is in a comatose state.A single judge, Justice M Nagaprasanna allowed the petition filed by Sandya Anil Kumar and said “In the light of the condition of the husband of the petitioner, 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.” He added “The petitioner is appointed, as a guardian to her husband Dr. Anil Kumar H.V. and a direction issues to respondents No.2 to 4 - Banks to allow the petitioner to draw money for day-to-day treatment of her husband and for the livelihood of the family. Respondents No.2 to 4 (State Bank of India/Indian Overseas Bank) shall not brook any delay and shall permit normal operation of the account at the hands of the petitioner, wife of Dr. Anil Kumar H.V.” From 23.06.2024, Dr Kumar is said to be in intensive care and on a ventilator. On 29.11.2024, the Doctors at the Bangalore Medical College and Research Institute, Bengaluru of the Neurology Department certify that the husband of the petitioner is suffering from Guillain Barre Syndrome and he has to continue to be on mechanical ventilation. Between 22.02.2025 to 18.03.2025, the patient was housed in the Intensive Care Unit, as the requirement of the support of the ventilator appeared to have become permanent. The petitioner had submitted a representation to each of the Banks quoting the account number, permitting her to operate the account, the petitioner being the wife. However, the Banks have not acted, and the petitioner has not been able to draw money to meet the day-to-day expenses of the treatment and the livelihood of the family. Thus the wife approached the court directing the petitioner to be permitted to operate the account, as the guardian of Dr. Anil Kumar H.V., her husband. The state government and banks did not object to the petitioner and submitted that if a direction is issued by the Court, it could be as the account has been inoperative for some time. Findings: Referring to the medical certificate issued by hospitals the court noted that the certificates are in unison holding that the petitioner would be unable to write and move his limbs, as there is severe weakness in all the limbs, due to Guillain-Barré Syndrome. Court observed that “The certificates are not disputed by the respondents. The livelihood of the family is now put in 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.” The court held “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.” Appearance:Advocate H Venkatesha Dooderi for Petitioner. HCGP Shamanth Nail for R1. Advocate Divya Purandar for R2. Advocate Keerthi Kumar D Naik for R4. Citation No: 2025 LiveLaw (Kar) 176Case Title: Sandya Anil Kumar AND State of Karnataka & Others Case No: WRIT PETITION NO. 10453 OF 2025 Click Here To Read/Download Order

Karnataka High Court Appoints Wife As Comatose Husband's Guardian, Allows Her To Operate His Bank Accounts

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