Orissa HC names wife legal guardian of comatose husband | Bhubaneswar News
Cuttack: Orissa high court has appointed the wife of a businessman as the legal guardian of her husband, who has been in a vegetative state since Feb 2024, marking a significant judgment that addresses the legal vacuum surrounding the appointment of guardians for incapacitated individuals.The petitioner, Epari Sushma, approached the high court seeking legal guardianship of her husband, Suresh Kumar Epari, to manage his personal, financial, legal, and business matters. The court granted her full authority, directing all relevant authorities, banks, and regulatory bodies to recognise her authority.Despite all treatment efforts, Suresh has remained in a vegetative state following multi-organ failure since Feb 2, 2024. As a businessman, Suresh’s obligations include the execution of sale deeds, payments to contractors, suppliers, and employees, and remittance of applicable taxes, particularly concerning an ongoing apartment construction project.Suresh’s wife Sushma’s inability to act on his behalf without legal authorisation posed a serious risk of financial loss and legal non-compliance. They have a son who is pursuing BBA LLB. As there is no specific statutory provision for appointing a legal guardian for individuals in a bedridden or vegetative condition, the wife approached the high court to be appointed as legal guardian to act on his behalf in all matters, including legal, commercial, statutory, and financial transactions.“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,” Justice S K Panigrahi said in an order uploaded on May 14.“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,” he added.
