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Sasikala's husband was hospitalized from February 13, 2024, to April 4, 2024. Currently, he is being cared for at home by critical care nurses and a caretaker
The Madras High Court has recently granted permission to the wife of a man in a vegetative state to sell or mortgage the husband's immovable property, valued at over Rs 1 crore, to cover his medical expenses and support their family, which includes their son and daughter.
A division bench comprising Justices G.R. Swaminathan and P.B. Balaji passed the order in an appeal moved by S. Sasikala (the wife) challenging the decision of a single judge bench which had dismissed her writ petition seeking her appointment as the guardian of Thiru.M.Sivakumar (the husband).
The single judge had ruled that Sasikala's writ petition could not be entertained for the appointment of a guardian, particularly because the Mental Healthcare Act of 2017 does not address financial matters. The judge had advised and given liberty to Sasikala to seek such an appointment through a civil court.
Sasikala's husband was hospitalized from February 13, 2024, to April 4, 2024. Currently, he is being cared for at home by critical care nurses and a caretaker under the supervision of Sasikala.
Sasikala sought to be appointed as her husband's guardian to manage and potentially dispose of his immovable property, allowing her to cover his medical expenses and support their household.
Although the couple's children are adults, they informed the court in person that they currently have no means of support. They stated that unless their mother is permitted to manage the property, the family will face severe financial hardship.
The division bench held that the single judge's view, deeming the petition for appointment as guardian as not maintainable, was incorrect.
"Taking care of a person lying in Comatose condition is not that easy. It requires funds. Paramedical staff will have to be hired," it said.
Court highlighted that the State was not taking care of the husband and the wife was shouldering the entire burden alone.
"Driving the appellant to move the civil Court, in our view, is not proper," held the court.
Accordingly, court appointed Sasikala as the guardian for the person as well as the properties of her husband. Court permitted her to deal with the husband's property on his behalf and deposit Rs 50 lakhs in a nationalized bank in husband's name.
"After his demise, it will go in three equal shares in favour of his legal heirs,'' court directed.
Case Title: S.Sasikala v. The State of Tamil Nadu
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