CUTTACK: In a significant order, the Orissa High Court has ruled that a wife is the best person to be appointed legal guardian of her husband if the latter is in a comatose or vegetative condition in the absence of specific and comprehensive legislation governing such situations.
The ruling was given considering the case of a woman whose husband, a businessman, despite all treatment efforts, has remained in a vegetative state following multiorgan failure since February 2, 2024. Petitioner Epari Sushma had approached the court seeking to be appointed as legal guardian of her husband, Suresh Kumar Epari, to act on his behalf in all matters including legal, commercial, statutory, and financial transactions as there was no specific statutory provision for the appointment of a guardian to care for individuals in a bedridden or vegetative condition.
Suresh’s multiple enterprises and business obligations require regular execution of sale deeds, payments to contractors, suppliers, employees, and the remittance of applicable taxes, particularly in relation to an ongoing apartment construction project.
While disposing of the petition, Justice SK Panigrahi said that in the absence of specific and comprehensive legislation governing the appointment of guardians or representatives for individuals in a comatose or vegetative state, the judiciary has frequently been confronted with complex situations concerning the management and administration of properties owned by such incapacitated persons.
“The silence of the statute cannot become a justification for denial of relief when the life, dignity and welfare of an incapacitated person are at stake. In such exceptional situations, the court must rise above procedural formalities and act in furtherance of justice by invoking its constitutional jurisdiction in a manner that safeguards the rights of the most vulnerable,” the court said. Justice Panigrahi observed that recognising the wife as the guardian of her husband in a comatose or vegetative condition is not only consistent with statutory principles and constitutional values but also resonates deeply with cultural ethos and time-honoured traditions that venerate the marital bond as one of unity, duty, and mutual guardianship.
Accordingly, Justice Panigrahi appointed Epari Sushma as the legal guardian and representative of Suresh Kumar Epari with full authority to manage all his personal, financial, legal, medical, and business matters, including compliance with statutory obligations. “All relevant authorities, banks, and regulatory bodies are directed to recognise the petitioner’s authority for all purposes.
The petitioner shall maintain accurate records of all transactions and actions taken on behalf of Mr. Epari and shall submit a detailed report to any regulatory authority as and when they demand for compliance,” the order uploaded on May 14 said.