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The man sustained severe brain injury in an accident in 2017. Since then, he has been bed-ridden with 83% disability. The wife argued that his condition has made it difficult to manage funds for his treatment and minor daughters’ education
The Bombay High Court has recently appointed a wife as the legal guardian of her husband, who was in a vegetative state.
The division bench of the high court, consisting of Justice BP Colabawalla and Justice MM Sathaye, was hearing a petition filed by the wife, requesting recognition as the legal guardian of her husband.
The husband sustained a severe brain injury in a household accident on March 14, 2017.
The wife argued that this injury has left her husband significantly impaired, with 83% disability, and he has been bedridden for over five years. She also stated that her husband’s recovery has been extremely slow, and he relies on others for all his needs.
She explained that her husband’s condition had deteriorated to the point where he had entered a vegetative state, and his recovery was extremely challenging. In these circumstances, she found it difficult to manage and allocate the necessary funds for his medical treatment and their two minor daughters’ education.
On October 7, the high court directed the Civil Surgeon of Pune to form a panel of three expert doctors, including a physician, to visit the petitioner’s home. They were directed to clinically examine her husband and, if necessary, conduct forensic tests to evaluate his current condition and the potential for recovery.
The report presented to the high court indicated that the husband had experienced only limited neurological improvements over the past six years. Given his medical history and current neurological condition, it was unlikely that he would significantly improve in the near future.
Therefore, considering the said report the high court appointed the wife as the guardian of the husband.
Case title: ABC vs UOI
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