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2019 Supreme(Online)(KER) 42951

HIGH COURT OF KERALA
SHOBHA GOPALAKRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['SRI G SHRIKUMAR SR', '', 'SRI ANESH PAUL', 'GOVERNMENT PLEADER', 'SRI JAISHANKAR V NAIR', 'CGC', 'SRI A S P KURUP', 'SC', 'UBI', 'SRI SADCHITH P KURUP']

P.R. Ramachandra Menon, J.

This is an “SOS call” (Save Our Souls call) from

two sinking families of the dear ones of a person lying

in 'comatose state', finding it extremely difficult to

see the ways and means in procuring funds to provide

adequate treatment and life support to the victim, who

was the sole bread winner of the family, besides the

need for their daily sustenance.

2. The victim, lying in a comatose state, is

having some properties [immovable/movable] and small

bank deposits, but the petitioners are not in a

position to deal with the same because of the 'legal

hurdles'. They have already incurred huge expenses,

as borrowed from different corners, in connection with

the treatment. Having exhausted all their financial

resources, they are in a state of despair, isolation

6

and abandonment; besides undergoing unending agony,

stress and depression on account of the plight of their

dear one lying in a 'permanent vegetative state

' and

'coma'. The petitioners are constrained to approach

this court for appointing the named petitioner/wife of

the patient in comatose state as 'Guardian', contending

that no legislation in India does provide for

appointme

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