Karnataka High Court allows wife of comatose man to operate his bank accounts

The man’s wife moved the Karnataka High Court as despite her approaching the State Bank of India and Indian Overseas Bank, where he had his accounts, with details such as account numbers, she had not been able to draw money for his treatment, and family expenses.

While the state counsel noted that they had no objections, the counsel for the banks stated that they would oblige if an order to that effect was passed by the court.

The court stated, “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… to operate the account and draw money, as the petitioner is not a stranger in relationship to the account holder; she is the wife.”

The Karnataka High Court cited judgments passed by the high courts of Kerala and Allahabad while giving a ruling. In particular, the Karnataka High Court cited the case of Uma Mittal vs Union of India at the Allahabad High Court, where the sole breadwinner of the family was also in a comatose state. His wife was appointed guardian of his assets and properties to handle the needs of her husband and their children.

Having made these observations, the High Court stated that the wife was appointed as a guardian to the man, while the banks were to “not brook any delay” and permit the operation of the bank account.