Karnataka High Court orders banks to allow woman to operate accounts of comatose husband

Bengaluru: The Karnataka high court has directed the banks to allow woman to operate the accounts of her husband, who is in a comatose state due to a rare neurological disorder.

Justice M Nagaprasanna has passed this order in the petition filed by Sandya, a resident of Bengaluru city, and appointed her as the guardian of the ailing husband.

The petitioner’s husband Dr HV Anil Kumar, a retired professor, is suffering from Guillain Barre Syndrome, as a result of which he has weakness of all limbs and is unable to move his limbs and has to continue to be on mechanical ventilation. It was submitted that Anil Kumar retired from service on November 12, 2024 on attaining superannuation. Just prior to his retirement, he developed a certain illness and had to be admitted to the hospital and from June 23, 2024 onwards he was in intensive care and on a ventilator.

On November 29, 2024, the doctors at the Bangalore Medical College and Research Institute, Bengaluru (Neurology Department) certified that he is suffering from ‘Guillain Barre Syndrome’ and he has to continue to be on mechanical ventilation.

The wife approached three branches of the banks, two in SBI and one in Indian Overseas Bank (IOB), to operate the account. She moved the high court when the banks did not act upon her representations.

Justice Nagaprasanna noted that the medical certificates in unison say that Anil Kumar would be unable to write and move his limbs, as there is severe weakness in all the limbs, owing to the medical condition. The court cited the judgements of the Kerala High court as well as the Allahabad High court wherein the petitioners were appointed as guardians of the persons who were in comatose state.

“It is in public domain and in medical parlance, this syndrome results in muscle weakness, problem with coordination, complete weakness of the arms and legs, a sort of paralysis, writing or signing of a person with the laid syndrome is next to impossible and therefore, the petitioner has now been in a comatose state. In the light of the condition of the husband of the petitioner, I deem it appropriate to permit the petitioner, the wife of Dr Anil Kumar HV, to operate the account, as if the husband was operating the account,” Justice Nagaprasanna said.

The court further said, “The petitioner is appointed as a guardian to her husband Dr Anil Kumar H V. A direction is issued to State Bank of India and Indian Overseas Bank to allow the petitioner to draw money for day-to-day treatment of her husband and  for the livelihood of the family.  Petitioner is reserved liberty to approach the court in the event of need. The banks shall not brook any delay and shall permit normal operation of the account at the hands of the petitioner, wife of Dr Anil Kumar H V.”