Wife of man in coma can sell his assets: Bombay HC

MUMBAI: The Bombay High Court Appointed A Physician With Headquarters In Mumbai As Guardian And Administrator Of The Properties Of His Husband, A Pathologist, Who Has Been In A Hospital Since 2013. The Woman Filed A Petition To Appoint Her Husband & # X27; Guardian So That He Can Sell Some Of His Mobile Properties And Real Estate And Manage His Bank Accounts To Pay Medical Bills And Educational Expenses Of His Two Children.

Last Month, Following The Instructions Of The Court, The Dean Of Nair Hospital Appointed A Team Of Neurological Experts To Evaluate The Condition Of Man. The Report Presented To The Court Said That The Patient Was In A Persistent Vegetative State/state Of Minimal Awareness, Is Bedridden, Needs 24x7 Assistance For His Basic Daily Needs And Can Not Make Any Rational Decisions On His Own.

In The Statement, Presented Through Lawyer Siddhartha Ronghe, The Woman Said There Was Residential And Commercial Properties To Her Name In Dahisar And Bhayander, In Addition To Bank Accounts And Accounts. The Sale Of Some Properties Would Help The Family, Including Their Two Children Going To College, To Move From Their Small Apartment In Dahisar To One Larger With An Elevator.

" The Medical Opinion Supports The Case Of The Woman That, Since 2013, Her Husband Is In A Bed State And Can Not Make Decisions On Her Own" , Took Note From The Court. It Is Obvious That Considering The Spouse's Health Condition, He Will Require A Separate Room Since He Needs Assistance 24 Hours A Day, 7 Days A Week. Therefore, The Case Established By The Petitioner That When Selling Real Estate Owned By Her Husband, She Wants To Buy A Larger Home For The Residence With All The Right Facilities Deserves To Be Accepted, Said The Bank. The Court Allowed You To Manage Your Husband's Bank Accounts And Sell Your Properties To Get The Best. A Report On The Sale Should Be Presented In Court, The Judges Said, In Addition To Asking The Woman To Make A Donation Of A Reasonable Amount Of Money To Nair Hospital.

The Woman Had Approached The High Court, Since There Was No Provision In The Law Of India, Including The Law Of Guardians And Guards Or The Law Of Mental Health Care, To Treat The Case Of Appointing A Guardian For A Person Who Is In Coma. The Bank Said That If The Woman Could Have Gone To The Civil Court To Get Help, The Condition Of Her Husband Was Not In Dispute And The Children Of The Couple Had Presented Sworn Statements In Favor Of His Mother." Taking Into Account These Facts Peculiar It Will Be Unfair To Direct The Woman To Appeal To The Civil Court, Especially When It Is A Case In Which The Facts Are Not In Dispute," Said The High Court.

The Husband Of The Woman Lost The Knowledge As A Result Of A Pontine (intracranial) Hemorrhage And Entered Comma In September 2013. He Submitted The Petition In 2017, Urging The Supreme Court To Appoint Her As His Husband And # X27 Tutor .

comments