In a significant legal development, the Uttarakhand High Court has appointed Kamakshee Bisht as the guardian of her comatose husband, Mukesh Chandra Joshi, allowing her to manage his property and financial affairs. This ruling addresses a vital need for family members to gain legal authority over a loved one’s affairs when they are incapacitated due to a comatose state.
Case Background
The case, titled Kamakshee Bisht vs. State of Uttarakhand & Others, was heard under Writ Petition Misc. Single No. 2553 of 2024 by the Uttarakhand High Court. Bisht petitioned the court seeking guardianship over her husband, who has been comatose and bedridden, residing at the All Saints College Campus in Nainital. Represented by Mr. Sandeep Kothari, Bisht argued the need to legally manage her husband’s property and finances to support his care.
Due to the absence of statutory provisions regarding guardianship for individuals in a comatose state, the petitioner’s counsel cited a precedent from the Kerala High Court’s 2019 judgment in Shobha Gopalkrishnan & Another v. State of Kerala & Others, where guidelines were established for such guardianship petitions. Bisht’s request aimed to secure her right to handle her husband’s financial and property matters without legal hindrance.
Legal Issues Addressed
The case highlighted a gap in India’s legal system regarding guardianship for non-responsive individuals. With no formal statute in place, the court had to rely on judicial precedents to support the petitioner’s request. Justice Pankaj Purohit presided over the hearing, noting the consensus among family members and legal representatives, all of whom supported the appointment of Bisht as her husband’s guardian.
Key Court Observations and Orders
Justice Pankaj Purohit, after hearing from both parties, instructed the constitution of a Medical Board in line with the Kerala High Court’s guidelines. This board, which included a neurologist, was tasked with assessing Mr. Joshi’s condition. The Medical Board’s report confirmed that he remains bedridden and in a comatose state, substantiating Bisht’s petition.
The court observed that the petitioner’s guardianship was necessary to ensure the proper management of her husband’s affairs, quoting that:
“The petitioner as Guardian shall be entitled to sign any documents which are required to be signed by her husband.”
Additionally, the court ordered that Bisht’s authority covers all movable and immovable assets in Joshi’s name, allowing her to administer his financial accounts and make decisions in his best interest. The court also provided checks and balances by stating that any misuse of this authority could lead to the revocation of her guardianship. Justice Purohit emphasized:
“It is open to bring up the matter for further consideration of this Court to re-open and revoke the power… to appoint another person or public authority if necessary.”
In a compassionate provision, the court ruled that should Mr. Joshi recover, he retains the right to revoke the guardianship, thereby restoring his full autonomy.
