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Madras High Court appoints wife as guardian of husband in coma, allows her to sell his property

The Division Bench, however, noted that the family was without any means to take care of Sivakumar, and unless the property is allowed to be sold or mortgaged, great hardship will be caused to them.

It also cited a Kerala High Court judgment which held that a wife could be appointed as her husband’s guardian after invoking the parens patriae jurisdiction, since no other remedy was provided under any statute for patients in a comatose state.

The Court thus allowed the property to be sold. However, it stipulated that a fixed deposit of a sum of ₹50 lakh be opened in Sivakumar’s name.

“The deposit amount will fetch interest and the accrued interest can be withdrawn by the appellant once in three months. Fixed Deposit so created shall remain till the life time of Thiru.Sivakumar.”

Source: Barandbench

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