Bombay High Court declares wife as the guardian of her husband in coma condition
October 18, 2017Recently, the Bombay High Court granted wife the guardianship of husband, who is in a permanent vegetative condition. The court issued a writ of mandamus directing the bank authorities to operate and deal with the financial affairs of the husband.
A division bench of Justices S S Kemkar and G S Kulkarni hearing the petition of Philomena Leo Lobo (petitioner) issued the aforesaid order.
The petitioner submitted a medical certificate from Apollo Hospital in Navi Mumbai dated 21.09.17, which states that Leo Lobo (petitioner’s husband) was admitted to the hospital on 20.08.2017 and suffered from malignant Middle Cerebral Infarction (MCA) on the left side of the brain and is currently in a permanent vegetative state.
Since he is in permanent vegetative state Due, he is in comatose condition, he can’t speak, sign or communicate in any way. The medical certificate also stated that the hospital authorities planned to discharge Leo Lobo on 26.09.17 and that he will need continuous nursing care and monitoring at home along with treatments of speech therapy and physiotherapy.
The court-appointed amicus curiae, Sub Divisional Magistrate of Thane district who visited Lobo’s home and in his report dated 12.10.17, he certified the averments made by the petitioner in her petition are correct.
In the instant petition, the kids of Leo Lobo also submitted an affidavit before the court stating that Philomena (petitioner) needs the financial help to pay for medical expenses as a huge money has already been spent and future expenses also need to be taken care of.
Therefore, the court issued the writ of mandamus directing the bank authorities to comply with the order.
A division bench of Justices S S Kemkar and G S Kulkarni hearing the petition of Philomena Leo Lobo (petitioner) issued the aforesaid order.
The petitioner submitted a medical certificate from Apollo Hospital in Navi Mumbai dated 21.09.17, which states that Leo Lobo (petitioner’s husband) was admitted to the hospital on 20.08.2017 and suffered from malignant Middle Cerebral Infarction (MCA) on the left side of the brain and is currently in a permanent vegetative state.
Since he is in permanent vegetative state Due, he is in comatose condition, he can’t speak, sign or communicate in any way. The medical certificate also stated that the hospital authorities planned to discharge Leo Lobo on 26.09.17 and that he will need continuous nursing care and monitoring at home along with treatments of speech therapy and physiotherapy.
The court-appointed amicus curiae, Sub Divisional Magistrate of Thane district who visited Lobo’s home and in his report dated 12.10.17, he certified the averments made by the petitioner in her petition are correct.
In the instant petition, the kids of Leo Lobo also submitted an affidavit before the court stating that Philomena (petitioner) needs the financial help to pay for medical expenses as a huge money has already been spent and future expenses also need to be taken care of.
Therefore, the court issued the writ of mandamus directing the bank authorities to comply with the order.
Latest Legal News
3 Bills to Renew India's Criminal Justice System presented in Lok Sabha; All you Need to Know
âSorry state of affairs' in PoSH Act implementation; SC orders Govts. to ensure ICCs are constituted