Telangana High Court Appoints Wife As Interim Legal Guardian Of Husband Who Is In Near Vegetative State
|The Telangana High Court has appointed a wife as an interim legal guardian of her husband who is in a state of physical and mental incapacitation and a near vegetative state.
The Bench of Justice B Vijaysen Reddy said, “In view of the above, petitioner No.1 is appointed as interim legal guardian of her husband, Mr Subbaram Nandyval, for liquidating and realizing the movable and sale of one of the immovable properties as indicated above. ln the case of immovable properties, petitioner No.l is directed to enter into an agreement of sale and furnish the details of sale consideration, purchaser etc., and seek permission of this Court before executing sale deed. Further, petitioner No.1 is allowed to operate the bank accounts and other liquid assets of Mr. Subbaram Nandyala and all- the concerned authorities shall treat petitioner No.l as interim legal guardian of her husband, Mr. Subbaram Nandyala.”
Senior Advocate K.A. Ansari appeared for the Petitioners whereas Senior Advocate Fouzia Mirza and GA Gary Mukhopadhyay appeared for the State.
A Petition under Article 226 of the Constitution of India was filed praying to appoint the Petitioner-wife as the legal guardian of her husband for the purpose of dealing with his immovable or moveable properties tangible or intangible assets and to operate his savings bank accounts, demat accounts etc. by creating encumbrances, mortgages, alienation or dispose and utilize the funds realized, towards the medical treatment of her husband and for other family expenses.
The Petitioner submitted that the husband has been on the ventilator since May 21, 2024, and the Petitioners have disposed of their properties to meet the medical expenses and for now, around Rs. 16,00,000/- has to be paid to the hospital which he is admitted.
The Counsel for the Wife also placed on record a certificate issued by the concerned hospital which reveals that the patient-husband is in a state of physical and mental incapacitation and in a near vegetative state.
Accordingly, the Court appointed the wife as an interim legal guardian of the patient-husband.
The matter is now listed for a further date.
Cause Title: Nandyala Vaidehi and Ors. v. State of Telangana and Ors.
Appearances:
Petitioners: Senior Advocate Avinash Desai and Advocate Nikhil Khadkikar.
Respondents: Government Pleader