HC allows wife to deal with assets of husband in coma to meet

Coming to the aid of a 40-year old woman struggling to meet the mounting treatment cost of her husband who is in coma for the past 18 months, the Madras High Court has appointed her as his guardian for the purpose of dealing with his immovable properties and bank accounts on his behalf.
The court said though there was no legal provision in relevant acts for such appointment, it was allowing the request of Sairabanu Mohammed Rafi to deal with the assets of her husband Mohammed Rafi in view of the urgency expressed and considering the peculiar facts and circumstances.

"The petitioner's husband is in coma. Neither under the Mental Health Act nor under the Guardian and Wards Act, 1890, there is any provision for appointment of a guardian in such a situation," Justice M M Sundresh said in his order.
However, in view of the urgency expressed he was inclined to consider the petitioner's request, the Judge said adding that this order would not stand in the way of the legal heirs of Rafi questioning Sairabanu's transactions on behalf of her ailing husband.
Rafi had collapsed and fallen into coma after treatment for an apparently minor ailment on July 3, 2014 at a clinic in Myladuthurai. Since then, he had been shifted to different hospitals in a vegetative state.

Finding it tough to meet his mounting medical expenses, the petitioner, a mother of three children, filed the petition recently.

Following the court's November 16, 2015 order, the jurisdictional tehsildar visited the petitioner's home along with a civil surgeon and verified the health condition of Rafi and found her averments to be true.
They had certified that Rafi cannot take decision on his own and was unable to sign.
Pointing out that there was no dispute with regard to facts, the Judge appointed Sairabanu as Rafi's guardian for the purpose of dealing with his immovable properties.
In her petition, Sairabanu submitted that she was forced to come to the court as her aged parents-in law too were not in a position to support her family and that Rafi used to be the sole breadwinner.

While her elder daughter was married and living in the Gulf, another daughter was a graduate and her son was still inschool.