'No One More Suited Than Her': Orissa High Court Appoints Wife As Legal Guardian Of Comatose Husband

Filling a legislative void by judicial intervention, the Orissa High Court has recently appointed the wife of a person lying in 'comatose'/ 'vegetative state' to manage his personal, financial, legal, medical and business matters as his 'legal guardian'.Dr. Justice Sanjeeb Kumar Panigrahi not only called attention to the vacuum in the existing statutory regime regarding appointment of guardian of people in vegetative state but also emphasised the role of a wife in managing the personal and financial affairs of her husband in the following words –“…when a husband falls into a comatose or vegetative state, losing the ability to exercise reason, make decisions, or act on his own behalf, there can be no person more naturally, morally, or legally suited than the wife to act as his guardian. She has shared in his life, his burdens, his responsibilities, and his dreams. She is likely to understand his values, intentions, and wishes more than any other individual. Her appointment as guardian is not only an act of legal necessity but also one of moral imperative and social logic.”In a similar case recently, the Karnataka High Court had appointed a woman as the legal guardian of her comatose husband and had permitted her to operate his bank accounts.Case BackgroundIn January 2024, the husband of the petitioner was admitted to hospital after being diagnosed with pneumothorax (fluid accumulation in the lungs). During the course of treatment, his condition got deteriorated due to a rise in creatinine and urea levels, necessitating dialysis and intensive care owing to multiple organ failure. As per medical suggestions, he was airlifted to Medanta Hospital, Gurugram, Haryana in February 2024, where he suffered a cardiac arrest but fortunately, survived. However, he remained unconscious and has since been in a vegetative state, requiring ventilator support and constant monitoring across various ICUs.The husband of the petitioner was a businessman actively engaged in multiple enterprises. His business obligations required regular execution of sale deeds, payments to contractors, suppliers, employees, and the remittance of applicable taxes, particularly in relation to an ongoing apartment construction project. Apart from that, his medical expenses coupled with household expenditures and educational fees of their son needed a huge amount of money.Therefore, the petitioner sought to be appointed as the legal guardian of her husband to act on his behalf in all matters including legal, commercial, statutory and financial transactions. She further prayed for issuance of appropriate directions to the concerned authorities and institutions to recognize her legal authority to represent her husband in view of his medical incapacitation. 'Wife' an equal partner in marriageBefore delving into the legal parameters, the Court discussed the cultural connotation of a marital bond. Justice Panigrahi said that marital partnership is not merely contractual but spiritual, emotional and existential, and the wife is not only a companion but also, as ancient Indian philosophy describes, the 'Ardhangini', the other half of the husband.“The very word “Ardhangini” derives from the Sanskrit roots ardha (half) and ang (body), signifying that the wife is not a separate entity but one half of a composite whole. This concept finds powerful embodiment in the divine form of Ardhanarishvara, where Lord Shiva and Goddess Parvati unite as a single form representing the indivisible synthesis of the masculine and feminine energies: Shiva and Shakti,” he added.Legislative void in appointment of guardianThe Court perused the medical certificate which certified that he is not able to communicate in writing or verbally and he is taking a long time to understand any verbal input. Despite of the same, the Court underlined that there is a legal vacuum in appointment of guardians for comatose persons which has resulted in a lack of uniformity and predictability.Justice Panigrahi referred to Section 2(s) of the Rights of Persons with Disabilities Act, 2016 which defines “persons with disabilities” as those who have long-term impairments which, in interaction with various barriers, may hinder their full and effective participation in society.“However, this statutory definition presumes a degree of responsiveness or interaction, albeit limited. In contrast, individuals in a comatose or vegetative state are entirely unresponsive and incapable of interaction or decision-making. Consequently, such persons fall outside the ambit of the said statutory framework, including the appointment of a guardian under Section 14 of the Act,” he observed.Court's obligation under 'parens patriae' jurisdictionThe Court, however, made it clear that lack of law cannot become a justification for denial of relief when the life, dignity and welfare of an incapacitated person are at stake. In such exceptional situations, it held, the Court is duty-bound to invoke its extraordinary jurisdiction...

'No One More Suited Than Her': Orissa High Court Appoints Wife As Legal Guardian Of Comatose Husband

Jyoti Prakash Dutta

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