BENGALURU: The Karnataka High Court appointed the wife of a retired man as his guardian to operate his three savings bank accounts in two nationalised banks since he is lying in ICU for more than nine months and cannot write and sign due to ‘Guillain Barre Syndrome’ (GBS).
The husband developed the GBS just prior to his retirement after attaining the age of superannuation in November 2024. GBS is a syndrome which is known to be a rare neurological disorder in which a person’s immune system is compromised by an attack on the part of the peripheral nervous system, and the husband is in the ICU from June 23, 2024 and on a ventilator.
The doctors of the Bangalore Medical College and Research Institute diagnosed him with GBS in November 2024, and the requirement of a ventilator appeared to have become permanent. Hence, the court directed the State Bank of India and Indian Overseas Bank to allow the wife, residing in Rajajinagar in the city, to draw money for the day-to-day treatment of her husband and for the livelihood of the family.
The petitioner’s husband has his account in both banks in Bengaluru and Sagara of Shivamogga district. She submitted a representation to each of the banks quoting the account number, permitting her to operate the account, she being the wife.
Though all medical certificates necessary were submitted to the banks, the banks have not acted, and she has not been able to draw money to meet the day-to-day expenses of the treatment and the livelihood of the family. It is therefore, she knocked the doors of the court seeking directions to the banks.
Allowing wife’s petition recently, Justice M Nagaprasanna said: “The livelihood of the family is now put to jeopardy, as the averment in the petition is for nine months, the family is unable to meet both the ends, as no money can be drawn from the accounts, one of which also holds the pension of the husband of the petitioner. Owing to these peculiar facts, I deem it appropriate to permit the petitioner to operate the account of her husband and draw money, as she is not a stranger in relationship to the account holder, she is the wife”. The court noted that the relationship between the petitioner and the account holder is husband and wife. Just before retirement, the husband develops GBS, resulting in ebbing mental prowess.
The patient would become incapacitated from writing and signing. This appears to have resulted in no money being permitted to be withdrawn or transferred from all three bank accounts, leading to impecuniosity. The petitioner is the sole dependent of the account holder. In light of the unequivocal facts and the husband being in a comatose state due to ‘GBS’, and therefore, the petitioner has now been in a comatose state, the court observed while issuing directions to the bank.