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Comatose man's wife moves HC for legal guardian status

Press Trust of India  |  Chennai 

A woman has moved the Madras High Court, seeking directions to appoint her as the of her husband, who is in a state of for six months, so that it enables her manage his properties.

When the petition came up for hearing yesterday, Justice T Raja directed the of the here to depute a civil surgeon, who, along with a tahsildar, will visit the patient and submit a report after verifying his identity and condition.

The suo motu (on his own) impleaded the and the tahsildar of Mylapore as respondents to the petition filed by S Hamsavathy Varalakshmi of Royapuram here and posted the matter to July 19 for further hearing.

The petitioner submitted that her husband had been ailing since December, 2017 and been comatose for six months. Doctors attending on him at a private hospital here had issued a certificate on his comatose state on April 4.

The petitioner also submitted that had not made any laws to ensure that those in a state of comatose or mentally incapacitated were not left in the lurch, in terms of having a guardian appointed for their longer well-being and care.

Referring to verdicts, the petitioner's said the apex court had already recognised the jurisdiction of the high courts to entertain such petitions for appointment of legal guardians.

The state was the "parens patriae" (legal protector of citizens unable to protect themselves) to the persons suffering from and even the courts were "state" within the meaning of Article 12 of the Constitution, the said.

Hence, the courts had an obligation to care for and provide for the rights of those in

The petitioner said her husband and 11 others had entered into an agreement with a construction firm for development of an immovable property in Mylapore, in which they had a share.

The construction work was over, but a general power of granted by her husband had expired and had to be re-executed for selling the finished property to a third party.

If she was not appointed as the of her husband, the latter would be put to grave and irreparable loss, the petitioner submitted.

She sought a direction from the court to the officials concerned, including those in the Registration department, to recognise her as the of her husband and permit her to execute and register the deeds of his properties.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Sat, July 07 2018. 18:40 IST
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