Wife appointed guardian for incapacitated husband to manage person, property, and finances with safeguards.

ORDER

The writ petition is filed for a mandamus directing the 2^nd respondent to appoint the petitioner as a guardian to her husband, Mr. Ani Kumar and to permit the petitioner to operate his bank account and to deal with this immovable properties.

2. Heard Mr.R.J.Karthick, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who takes notice on behalf of the respondents.

3. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, it can be seen that the petitioner’s husband, aged 56 years, was initially suffering from Diabetes Mellitus. On account thereof, he suffered an episode of seizure, following which brain damage has been assessed. As a result, he is now in a vegetative condition, unable to move or recollect.

4. In view of the above, the matter is covered by the judgment of the Hon’ble Division Bench in the case of S. Sasikala vs. State of Tamil Nadu (W.A. No. 1538 of 2024), wherein this Court itself appointed the petitioner as the guardian, subject to the conditions imposed therein.

5. I have considered the arguments made on either side and perused the material records of the case.

6. Upon considering the plight of the petitioner and her family, as well as the condition of her husband, I am of the view that the petitioner, being the wife, can be appointed as the lawful guardian of Ani Kumar, subject to the following conditions:-

i. The petitioner shall be permitted to act as the guardian of the said Ani Kumar, aged about 56 years in respect of his person and property;

ii. The petitioner shall be entitled to deal with the immovable properties that fall to the share of the said Ani Kumar, as per the judgment and decree in O.S. No. 149 of 1995 dated 20.12.1995;

iii.The petitioner shall be entitled to execute and present any documents, including sale deeds, mortgage deeds, or any other instruments, and to raise loans or create any charge in respect of the said properties on behalf of Ani Kumar;

iv. The petitioner shall also be entitled to operate the bank accounts of the said Ani Kumar, and the concerned bank shall permit the petitioner to operate such accounts, including withdrawing and depositing amounts, as if the said Ani Kumar were operating the same in person;

v. Out of the amounts withdrawn or realized by way of dealing with the immovable properties, at least 20% shall be retained towards the medical expenses of the said Ani Kumar and the balance may be utilized by the petitioner for herself and the family members;

vi. The petitioner shall file detailed accounts once every three months before the District Legal Services Authority, Kanyakumari.

vii.No costs. Consequently, connected miscellaneous petition is closed.