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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK MANCHANDA
Surekha – Appellant
Versus
Axis Bank – Respondent
JUDGMENT :
Anupinder Singh Grewal, J.
1. The petitioner is seeking issuance of a writ in the nature of mandamus to declare herself as the guardian of Rohit Kumar, who is her son and is presently stated to be in a vegetative/comatose state.2. It is submitted that Rohit Kumar had taken a gold loan after pledging certain gold articles. Later, he met with an accident and sustained serious injuries to his head, which left him in a vegetative state, unable to perform normal functions which is evident from the medical reports at Annexure P-4. Learned Counsel has sought a writ to be issued in the nature of mandamus declaring the petitioner, who is the mother of Rohit Kumar as his guardian, in order to enable her to operate the loan account of Rohit Kumar. Counsel relies upon the judgment of the Division Bench of the Bombay High Court in the case of Philomena Leo Lobo versus Union of India and others, 2017 SCC (Online) Bom 8836 in support of his submission that this Court is empowered by virtue of Article 226 of the Constitution to declare the petitioner as the guardian of her adult son who is in a vegetative/comatose state.
3. Whereas, learned counsel for respondents No.1 to 3 (Bank) submitte
Point of law: It shall be the duty of the petitioner – guardian to meet the obligations/duties similar to those as described under Section 15 and to maintain and submit the accounts similar to those ....
The court established that it can act as parens patriae to appoint a guardian for a comatose patient when no legislative provisions exist.
The court exercises parens patriae jurisdiction under Article 226 to appoint a guardian for a comatose individual, highlighting the absence of specific legislation for such cases.
Point of Law : Transactions in respect of the movable and immovable properties of the patient, by the petitioner - guardian, shall be strictly in accordance with the provisions of law. If the petitio....
The court exercises parens patriae jurisdiction to appoint a guardian for an individual in a vegetative state due to inadequate legal provisions.
The main legal point established in the judgment is the court's authority to appoint guardians and managers for a person suffering from dementia, the recognition of the Petitioners' authority by bank....
Old/sick/incapacitated bank customers - Person who would be entitled to operate his bank account and can be appointed as guardian to the person.
The Court clarified the interpretation of the Rights of Persons with Disabilities Act, 2016, emphasizing the broader categorization of disabilities and the duty of the District Collector to consider ....
The Court can appoint a guardian for an individual in a comatose state under Article 226 of the Constitution, acting as parens patriae to protect the individual's interests.
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