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The Allahabad High Court appoints wife as a guardian of husband in comatose by invoking the doctrine of Parens Patriae.

Pooja Sharma vs. State Of U.P. And 2 Others

2023-Oct-25

Pooja Sharma vs. State Of U.P

The Allahabad High Court has appointed the wife of a person lying in a comatose condition invoking the doctrine of Parens Patriae. The High Court has observed that:

"Looking at the health condition of the husband of the petitioner, it is clear that he needs 24 hours medical assistance. The petitioner submits that she comes from a very humble background and also works at a private place to make her ends meet. She has a minor son also to take care of. All her savings have been exhausted. She has also taken loans from people to meet medical as well as her household expenses. The petitioner, in order to sustain herself, her minor son and her husband, who is in comatose state, is in desperate need to sell the property bought by her husband, so as she could have some funds to meet the expenses of medical treatment of her husband."

 

The High Court allowed the petition on the condition that in case, any relative or friend of the person lying in comatose state points out that guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach this Court for issuance of proper direction and for removal of the guardian.

 

Pooja Sharma vs. State Of U.P. And 2 Others

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