In a landmark judgment, the Madras HC 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 HC in connection with the case.
In that case, a division bench of the Kerala HC, while dealing with a similar writ petition in Feb 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 & means in procuring funds to provide adequate treatment & life support to the victim, who was the sole breadwinner, besides the need for their daily sustenance’.
Allowing that petition, the bench on Feb 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 Jan 7.
Satisfied with the submission of Additional Advocate-General Kumar, Justice Ravichandra Baabu on Feb 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 & the person of her elder brother Sreekanth, on merits without insisting for ‘Disability Certification’ from the Rajiv Gandhi Govt 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 & directed the local committee constituted under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities Act in Teynampet, to issue guardianship certificate after imposing conditions framed by the division bench of Kerala HC.
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