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2025 Supreme(Online)(Ker) 41874
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
LINTA ROSE JOB – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 22602 OF 2025
For the Appellant: SHRI.SRINATH C.V., SHRI.CHACKO V.T., SMT.GAYATHRI RAJAGOPAL
For the Respondent: GOVERNMENT PLEADER SHRI.BENRAJ K.R., CGC SHRI.JOBY JOSEPH, SHRI.N.MANOJ KUMAR, STATE ATTORNEY SHRI.K.R.RANJITH
The court held that the petitioner can seek limited guardianship for her husband in a comatose state through designated authorities, emphasizing existing guidelines and procedural compliance.
Headnote:(A) Guardians and Wards Act, 1890 - National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 - Mental Health Act, 1987 - Mental Healthcare Act, 2017 - Rights of Persons with Disabilities Act, 2016 - Petitioner's husband in comatose state since 28.02.2024; seeks appointment as guardian due to financial incapacity and medical expenses - Court holds that guidelines exist for limited guardianship, allowing petitioner to approach designated authority - Time limit set for decision on application for guardianship (Paras 4, 9, 10).
(B) Medical Examination Report - Medical Board found petitioner’s husband in comatose state; expenses incurred for treatment amounting to ₹30 lakhs already spent - Court considers financial hardship and need for funds (Paras 5, 6, 7).
Facts of the case:
The petitioner sought to become guardian of her husband, diagnosed as in a comatose state, to manage his financial and medical needs effectively as financial resources were depleting.
Findings of Court:
The petitioner is permitted to initiate guardianship proceedings based on given guidelines.
Issues: The main issue revolved around the need for a guardian for someone in a permanent vegetative state and the available legal framework to facilitate this.
Ratio Decidendi: Courts cannot directly provide guardianship; instead, they must guide the petitioner through statutory channels established for such circumstances.
Result: Writ petition disposed as above.
| Table of Content |
|---|
| 1. seeking guardianship for a comatose individual. (Para 1 , 2 , 3) |
| 2. existence of guidelines for limited guardianship. (Para 4) |
| 3. financial hardship necessitating guardianship. (Para 5 , 6 , 7) |
| 4. court's role in guiding guardianship application process. (Para 9 , 10) |
JUDGMENT
Dated this the 23rd day of July, 2025 The petitioner's husband Mr.Anish Varghese was lying in an irrecoverable “comatose state” from 28.02.2024 onwards due to irreversible brain damage on account of Intracerebral hemorrhage in the left basal ganglia (a type of stroke where bleeding occurs within the brain tissue).
2. Respondents 8 to 10 are the father, mother and brother of the said Anish Varghese. The doctor treating the said Anish Varghese certified that Anish Varghese did not show any meaningful recovery and continued to be in a 'permanent vegetative state ' and 'coma'.
3. Since the petitioner has no source of income and was running out of financial resources, she cannot meet the day to day expenses of her family and the medical expenses of her husband, without withdrawing the amount deposited by her husband Anish Varghese with State Bank of India, Changanassery Branch, (₹5,72,777.62) with Account No.67800638741 and with Changanassery Market post office (₹1,87,500/-) with Account No.020075699102.
4. Neither the Guardians and Wards Act, 1890 , the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (hereinafter referred to as National Trust Act), the Mental Health Act, 1987 , the subsequent Mental Healthcare Act, 2017 , nor the Rights of Persons with Disabilities Act, 2016 does come to the rescue of the petitioner, in so far as appointment of 'Guardian to a person lying in a comatose state' is concerned. Hence, the petitioner approached this Court seeking to appoint her as the Guardian of person and properties of her husband Anish Varghese, who is lying in 'comatose state‟ by invoking the power under Article 226 of the Constitution of India.
5. When this writ petition came up for admission on 27.06.2025, the Government Pleader submitted that the a Medical Board is constituted and examination of the petitioner's husband will be held on 02.07.2025. Subsequently, the Government Pleader made available a report of the Medical Board on the petitioner's husband Mr.Anish Varghese, done on
02.07.2025. The report states as follows:
“The board examined the documents, previous medical reports submitted by the patient Mr.Anish Varghese, Aged 40 Year, S/o Varghese Thomas, Kannampally House, Madappally P.O., Kottayam.
Case of left basal ganglia bleed, S/P decompressive craniectomy followed by right MCA, PCA infarct. Currently in a minimally conscious state with severe disability. He has established sleep wake cycles, spontaneous eye opening, no verbal response, no definite visual tracking movements, spastic quadriparesis, intact brain stem function.”
6. The report would clearly establish that the petitioner's husband is in a 'comatose state' and the petitioner's husband is not able to take decisions on his own.
7. The counsel for the petitioner would submit that the expenses for treatment of the petitioner's husband is considerable and about ₹30 lakhs has already been spent drawing the same from various sources. The petitioner needs further funds to take care of Anish Varghese.
8. In the afore circumstances, I am of the view that the petitioner can be appointed as guardian of the petitioner's husband following the law laid down by this Court in Shobha Gopalakrishnan and others v. State of Kerala and others [2019 (1) KLT 801]
9. Government Pleader informed that after the Division Bench judgment, the Government has issued G.O.(P) No.20/20/SJD dated 23.09.2020 designating the Sub Divisional Magistrate of the area as the designated authority for granting limited guardianship to persons suffering from disablement. Recently, Circular dated 03.05.2022 was issued by the Social Justice Department pres
