In a landmark judgment, the Madras High Court has declared a woman as the guardian of a comatose brother. This was after Additional Advocate-General A Kumar, brought to the notice of the court, presided over by Justice K Ravichandra Babu, a judgment of the Kerala High Court in connection with the case.
[2/17, 06:52] Sekarreporter: Home States Tamil Nadu
Sister becomes ‘guardian’ to comatose brother and his assets
Justice Baabu allowed the petition and directed the local committee constituted under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation.
Published: 17th February 2020 06:10 AM | Last Updated: 17th February 2020 06:10 AM | A+A A-
Madras HC Madras High Court building. (Photo | EPS)By Siva SekaranExpress News Service
CHENNAI: In a landmark judgment, the Madras High Court has declared a woman as the guardian of a comatose brother. This was after Additional Advocate-General A Kumar, brought to the notice of the court, presided over by Justice K Ravichandra Baabu, a judgment of the Kerala High Court in connection with the case.
In that case, a division bench of the Kerala High Court, while dealing with a similar writ petition in February 2019, had observed that ‘this is an SOS call’ (Save Our Souls) from two sinking families of dear ones, who were finding it difficult to see ways and means in procuring funds to provide adequate treatment and life support to the victim, who was the sole breadwinner, besides the need for their daily sustenance’.
Allowing that petition, the bench on February 20 last year had framed guidelines. And the same was followed by Justice Rajiv Shakdher of the High Court in New Delhi in a similar writ petition on January 7.
Satisfied with the submission of AAG Kumar, Justice Ravichandra Baabu on February 12 has appointed T K Sreelatha of Adayalampattu in Vanagaram, wife of one SR Rajan, as the guardian of T K Sreekanth, who is a widower. Sreelatha had filed the petition for a direction to the authority concerned to consider her application dated May 8, 2017 for appointment as guardian in respect of the property and the person of her elder brother Sreekanth, on merits without insisting for ‘Disability Certification’ from the Rajiv Gandhi Government General Hospital. The judge had directed the medical officer attached to the Kilpauk Institute of Mental Health, who submitted a report stating that Sreekanth was in a vegetative state.
Justice Baabu allowed the petition and directed the local committee constituted under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act in Teynampet, to issue guardianship certificate after imposing conditions framed by the division bench of Kerala High Court.
