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Hindustan Times
15-05-2025
- Health
- Hindustan Times
Karnataka HC permits wife of comatose man to operate his bank accounts
The Karnataka High Court has permitted a woman to operate her comatose husband's bank accounts, appointing her as his legal guardian and directing banks to permit her unhindered access to funds for his treatment and the family's sustenance. Justice M Nagaprasanna, passed the order on April 29, allowing the petition filed by Bengaluru resident, Sandya Anil Kumar, whose husband, HV Anil Kumar, a retired professor, has been in a comatose state since June 23, 2024, following a diagnosis of Guillain-Barré Syndrome (GBS), a rare neurological disorder that causes progressive paralysis. The Court noted that the petitioner's husband had been in the ICU for almost nine months and had lost all ability to write or sign any bank document. The petitioner therefore, was left with no source of money even for her day to day sustenance, it noted. 'The petitioner is appointed as guardian to her husband Dr. Anil Kumar H.V., and a direction is issued to respondents No.2 to 4—State Bank of India and Indian Overseas Bank—to allow the petitioner to draw money for day-to-day treatment of her husband and for the livelihood of the family,' the Court said. 'They shall not brook any delay and shall permit normal operation of the account at the hands of the petitioner,' it said. Despite submitting extensive medical documentation, including certificates from Bangalore Medical College and Research Institute confirming her husband's complete paralysis and inability to communicate, the petitioner, Sandya's repeated requests to access her husband's two SBI accounts and one IOB account were denied, she told the Court. The banks cited procedural limitations and declared the accounts 'inoperative,' forcing her to seek judicial intervention. Also Read: GBS cases persist, 2025 sees unprecedented surge Represented by advocate H Venkatesh Dodderi, Sandya informed the Court that her husband was hospitalised just weeks before his retirement and had been entirely incapacitated since. She said she had exhausted most of her own savings trying to keep up with the mounting costs of round the clock medical care. Justice Nagaprasanna observed that Sandya was not a stranger to the account holder but his lawful spouse, and that her access to the funds was not just logical but 'essential.' He cited past decisions of the Kerala and Allahabad high courts, which had ruled in favour of spouses or close relatives of incapacitated individuals in similar circumstances. The Court also took note of the observations made by the Allahabad high court in a 2020 judgement in a similar case where it had permitted a wife to access her husband's account after a severe stroke rendered him non-responsive. At the time, the Allahabad high court had observed that while there existed laws allowing appointment of guardians for minors and people with disabilities or mental illnesses, such laws did not include people lying in a comatose state. Justice Nagaprasanna said the situation remained the same even now and therefore, Sandya had no other remedy but to approach the Court. The single judge also noted that both the banks where Sandya's husband held accounts had not objected to her petition. They were unable to provide any help in the absence of statutory guidelines. The Karnataka high court also cited the Delhi high court's 2023 order that emphasised that banks must act with 'compassion and urgency' in genuine cases of medical incapacity. Drawing from these precedents, Justice Nagaprasanna underscored the need for a practical, humane approach when financial autonomy intersects with medical emergencies. 'It is in public domain and in medical parlance, this syndrome results in muscle weakness, problem with coordination, complete weakness of the arms and legs, a sort of paralysis, writing or signing of a person with the said syndrome is next to impossible and therefore, the petitioner has now been in a comatose state,' Justice 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, the wife of Dr. Anil Kumar HV to operate the account and draw money, as the petitioner is not a stranger in relationship to the account holder, she is the wife,' he said. The high court also granted Sandya the liberty to approach the court to seek further directions if required and directed the banks to facilitate immediate and seamless access to her husband's accounts.
Time of India
14-05-2025
- Health
- Time of India
Karnataka high court allows ailing professor's wife to access his bank accounts
Bengaluru: Karnataka high court has authorised the wife of a bedridden professor to operate his bank accounts to access funds to manage his medical and also household M Nagaprasanna gave the ruling, allowing a petition filed by Sandya, a Bengaluru resident and wife of Dr HV Anil sought the court's intervention after her husband was diagnosed with Guillain-Barre Syndrome , a rare neurological disorder, requiring continuous mechanical ventilation. Dr Kumar was hospitalised shortly before he retired on Nov 12, June 23, 2024, he is under intensive care and on ventilator support. Bangalore Medical College and Research Institute's neurology department confirmed his condition on Nov 29, providing documentation with a plea to access Dr Kumar's three bank accounts (two in State Bank of India, and one in Indian Overseas Bank), the banks did not act upon her requests, compelling her to seek judicial intervention. The banks submitted that Dr Kumar's accounts had been "inoperative" for some counsel H Venkatesh Dodderi said Dr Kumar had been in ICU for over nine months, unable to sign documents due to his comatose reviewing the evidence, Justice Nagaprasanna noted that medical certificates consistently indicated Dr Kumar's inability to write or move due to severe limb weakness. The judge referred to similar rulings by Kerala and Allahabad high courts where guardianship was granted in comparable court noted that Guillain-Barre Syndrome is a disorder that affects the peripheral nervous system, causing muscle weakness and paralysis. Given Dr Kumar's condition, the judge deemed it appropriate to authorise Sandya to operate her husband's court appointed Sandya as Dr Kumar's guardian and directed SBI and IOB to permit account operations for treatment expenses and family maintenance. The court granted her the liberty to seek further assistance, if needed, and instructed the banks to facilitate immediate account access without delays.
