When Love Steps In: AP High Court Names Wife Guardian for Comatose Husband

In a poignant ruling that blends compassion with constitutional authority, the High Court of Andhra Pradesh at Amaravati has appointed Singavaram Nagamma as the legal guardian of her husband, Singavaram Subhan Singh , who lies in a persistent vegetative state. Justice Venkateswarlu Nimmagadda invoked the court's parens patriae jurisdiction under Article 226 to permit her access to his Axis Bank account for critical medical and daily expenses. This decision fills a statutory void, ensuring care for those without voice.

From Surgery to Silence: The Family's Ordeal

The saga began with Subhan Singh, a 65-year-old man, suffering a CVA-left CG Hematoma. He underwent decompressive craniectomy at Care Hospital, Hi-Tech City, but slipped into a vegetative/comatose state, reliant on a tracheostomy for breathing and a Ryle's tube for feeding. Medical certificates from Care Convoy Rehabilitation (dated 21.01.2026) and New Life Rehab Hospital (31.12.2025 and 27.01.2026) confirmed his GCS score of E2VTM1, underscoring his dire need for ongoing treatment.

Nagamma, 59, a housewife from Mydukur, Y.S.R. Kadapa District, filed the writ alongside their children (petitioners 2 and 3). Subhan Singh holds immovable and movable properties, including Rs.14,38,015 in Axis Bank account No. 913010036494989. With funds frozen and no statutory mechanism for guardianship, the family turned to the High Court on 06.04.2026.

Clash in Court: Civil Remedy or Constitutional Lifeline?

Petitioners' counsel, Mr. D. Vigneshwar Reddy, argued no civil or special law provides guardianship for vegetative patients. Citing Delhi High Court's Professor Alka Acharya vs. Government of NCT of Delhi (W.P.(C) No.16793 of 2025), he urged parens patriae invocation, emphasizing Nagamma's natural role as "Ardhangini" (better half) and the "best interest" principle aligned with UNCRPD.

The Government Pleader countered that the claim is purely civil, directing the family to lower courts, deeming the writ unmaintainable for a private guardianship matter involving the State of Andhra Pradesh and others as respondents.

Precedents Pave the Path: Filling the Legal Gap

Justice Nimmagadda meticulously reviewed precedents, affirming High Courts' parens patriae power where statutes like RPWD Act 2016, Mental Healthcare Act 2017, and National Trust Act 1999 fall short for comatose patients.

  • Shobha Gopalakrishnan vs. State of Kerala (2019 SCC OnLine Ker 739): Laid interim guidelines for guardianship, including medical boards and periodic reporting.
  • Rajni Hariom Sharma vs. Union of India (2020 SCC OnLine Bom 880) and Madras HC's S. Sasikala vs. State (WA/1538/2024): Echoed the approach.
  • Orissa HC's Epari Sushma vs. State of Odisha (W.P(C) No.24656 of 2024): Reinforced extraordinary jurisdiction.

The court adopted and adapted Kerala's 14-point guidelines, mandating property disclosure, neurologist-led medical boards, relative priority, and six-monthly reports to the Registrar General.

Key Observations from the Bench

"When a husband fully into a comatose or vegetative state, losing the ability to exercise reason, make decision or act on his own behalf there can be no person more naturally, morally or legally suited than the wife to act as his guardian, considering the Indian ancient philosophical concepts of ‘Ardhangini’ (the wife as other half)."

"It seems that the petitioners herein have invoked ‘parens patriae’ jurisdiction of this Court for being appointment as legal guardian... since presently there exists no remedy under law or any statute..."

"The Registry is required to forward a copy of this judgment to the Secretary, Dept. Of Justice, Ministry of Law and Justice, Government of Andhra Pradesh, for information and appropriate steps, if any."

These extracts capture the court's humane rationale and call for legislative action.

A Guardian's Mandate: Orders and Lasting Echoes

The writ stands allowed: Nagamma is declared guardian solely for operating the specified Axis Bank account. She must preserve and submit updated passbooks quarterly for a year or until medical changes. No costs ordered; pending applications closed.

This ruling sets a template for families nationwide, prioritizing "wills and preferences" per UNCRPD while curbing misuse through oversight. As news reports echo—like those highlighting the court's nod to bank access for "medical treatment and household expenses" —it signals urgency for Parliament to legislate comprehensive safeguards, preventing future judicial improvisation in life's twilight zones.