Orissa High Court Appoints Wife as Legal Guardian of Comatose Husband

Orissa High Court Appoints Wife as Legal Guardian of Comatose Husband

  • Case Name: X V Ministry of Health and Family Welfare & Ors

The Orissa High Court appointed a wife as the legal guardian and representative of her comatose husband, despite the absence of specific legislation on guardianship for individuals in vegetative states. 

The Court recognized the urgent need for someone to manage Suresh's personal, financial, legal, and business affairs, including obligations related to an ongoing apartment construction project, and invoked its extraordinary powers under Article 226 of the Constitution.

While honouring the cultural role of a wife as ‘Ardhangini,’ the Court stated that appointing her as guardian aligns with constitutional values and cultural traditions. 

Relying on the parens patriae doctrine, the Court granted her full authority over her husband’s personal, legal, and financial affairs.

Read Details / 2 months ago

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