Wife can sell property of husband in comatose condition: Madras High Court

Madras: The Madras High Court has allowed the wife of a comatose man to sell or mortgage his property, valued at over 1 crore, to cover his medical expenses and support their family. This decision was made by a Division Bench comprising Justices G.R. Swaminathan and P.B. Balaji, overturning a previous ruling by a single judge.

The single judge had dismissed S. Sasikala's writ petition to be appointed as the guardian of her husband, M. Sivakumar, who has been in a vegetative state since early this year. The initial ruling stated that the Mental Healthcare Act of 2017 did not provide for financial matters and suggested she seek a civil court appointment. 

However, the Division Bench disagreed, referencing a similar Kerala High Court case where writ jurisdiction was invoked under parens patriae to address the needs of patients in a comatose state. The Bench highlighted that Sasikala had already incurred significant medical expenses and needed funds to continue caring for her husband, including hiring critical care nurses.

Sasikalas adult children were included as parties in the appeal and supported their mothers request. The daughter expressed the family's dire financial situation, emphasizing the necessity of accessing the property.

Considering the circumstances, the judges decided that Sasikala should be appointed as her husband's guardian and permitted to manage the property. They directed that part of the proceeds be used to create a fixed deposit of 50 lakh in Mr. Sivakumars name to ensure future financial stability for the family. This fixed deposit would provide quarterly interest, and upon Mr. Sivakumars death, it would be divided equally among his legal heirs: his wife, daughter, and son.

The case (W.A.No. 1538 of 2024) involved S. Sasikala, the appellant, who had filed a writ petition seeking to be appointed as the guardian for for her husband M. Sivakumar, who has been in a vegetative state since early 2024 after suffering a serious medical condition.