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2020 Supreme(Mad) 1735
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. RAVICHANDRABAABU, J.
M. Premila - Appellant
Versus
The State of Tamilnadu, Represented By its Secretary, Department of Health & Family Welfare, Chennai & Others - Respondents
W.P. No. 9346 of 2020
Decided on : 24-09-2020
Advocate Appeared:
For the Appellant :T. Madhumitha, Advocate.
For the Respondents:M.D. Ilayaraja, Government Advocate.
The main legal point established is the court's authority to appoint a guardian for an incapacitated person under Article 226 and the Guardians and Wards Act, 1890, to manage their affairs and property in the best interest of the incapacitated person.
Headnote:
Guardianship - Appointment of Guardian for Incapacitated Person - Article 226 - [Article 226, Guardians and Wards Act, 1890] - The court appointed the petitioner as the guardian of her incapacitated husband, allowing her to deal with his property and operate his bank account. The court also directed the petitioner to deposit a share of the sale proceeds for the mother of the incapacitated person.
Fact of the Case:
The petitioner sought appointment as the guardian of her incapacitated husband to manage his affairs and deal with his property and bank account due to his comatose state and the need to meet medical and educational expenses.
Finding of the Court:
The court found that the incapacitated person's sons had no objection to the petitioner's appointment as guardian and to the sale of the property. The court also noted the urgency of the situation, especially regarding the payment of educational fees for the petitioner's son.
Issues: The main issue was whether the petitioner should be appointed as the guardian of her incapacitated husband and be allowed to manage his affairs and property.
Ratio Decidendi: The court relied on similar past cases and the affidavits of the incapacitated person's sons to appoint the petitioner as the guardian and permit her to deal with the property and bank account.
Final Decision: The court appointed the petitioner as the guardian of her incapacitated husband, allowing her to deal with his property and operate his bank account, and directed her to deposit a share of the sale proceeds for the incapacitated person's mother.
JUDGMENT :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to appoint the petitioner as a Guardian of her husband Mr.D.Mohan and to permit her to protect his interest, administer him including operate his bank account/s and in the event of necessity to mortgage the property unilaterally but sell the immovable property/ies standing in the name of her husband only with the written consent and knowledge of her two sons and to use the proceed towards treatment of her husband Mr.D.Mohan and to meet out the education expenses of her second son M.Prasanth, who has been pursuing his studies of Faculty of Medicine of Tbilisi State Medical University, Georgia, Europe.)
1. This matter is taken up for hearing through Video Conferencing mode.
2. This Writ Petition is filed seeking for the following relief:
To issue a Writ of mandamus to appoint the petitioner as a Guardian of her husband Mr.D.Mohan and to permit her to protect his interest, administer him including operate his bank account/s and in the event of necessity to mortgage the property unilaterally but sell the immovable properties standing in the name of her husband only with the written consent and knowledge of her two sons and to use the proceed towards treatment of her husband Mr.D.Mohan and to meet out the education expenses of her second son M.Prasanth, who has been pursuing his studies of Faculty of Medicine of Tbilisi State Medical University, Georgia, Europe.
3. The case of the petitioner is as follows:
(i) Her husband is D.Mohan. Out of their wedlock, two male children were born, namely M.Gopinath, aged about 21 years and M.Prasanth, aged about 20 years. Out of the family partition between her husband and his elder brother, her husband got a share in the property. On 08.05.2018, her husband met with an accident resulting in sustaining grievous injuries all over his body. He was admitted in the hospital and was given treatment. Again, he was admitted and readmitted on several occasions at the hospital for giving treatment. The discharge summary issued by Apollo Hospital states that he sustained the following injuries.
“(1) Severe traumatic brain injury-Contusion on right Basal Ganglia.(2) Diffuse Axonal injury; (3) Multiple Bilateral Rib Fracture - S/P Fixation of Sternum and Locking Construction place on 10.05.2018; (4) Bilateral Hemopneumothorax-S/P Bilateral ICD (Removed); (5) Left Thumb Fracture; (6) Left Humerus Shaft Fracture - S/P Orif of Left Humerus fixation on (30.05.2018); (7) S/P Tracheostomy on 16.05.2018; (8) S/P Cardiac Arrest and multiple and grievous injuries all over his body and after that accident he is under unconscious/coma stage.”
(ii) Due to repeated admission in the hospital and discharge, the petitioner has to meet an expense of Rs.1 Crore towards the medical expenses to treat her husband. The petitioner is put to much difficulties to meet out the day today medical expenses for her husband and hence, she requested the 1st respondent through letter dated 29.12.2018, to grant leave and salary of her husband under the Scheme of Special Disability Leave. Based on the petitioner's request, the 1st respondent sent a letter to the Joint Director of Medical Services, who in turn, sent a medical team, which examined her husband and issued a Certificate dated 08.07.2019, as follows:
“Medical History o Mr.Mohan working as Supervisor Thirumazhisai Town Panchayat. He met with an accident on 08.05.2018 had severe brain injury. He was admitted at Apollo hospital Vanagaram on 09.05.2018 and he was diagnosed to have severe traumatic Brain injury/contusion non right basal gangila/diffuse axonal injury/bilateral rib fracture. B/L Haemothoraz/left thumb fracture/Left humerus shaft fracture. He is admitted in Emergency room and critical care is given as per the need. Procedure were carried out to fix the fractures and tracheostomy done to maintain ventilation. ICD done for hemothorax. He was discharge don 11.06
