Karnataka HC permits wife of comatose man to operate his bank accounts
The Court noted that the petitioner’s husband had been in the ICU for almost nine months and had lost all ability to write or sign any bank document
The Karnataka High Court has permitted a woman to operate her comatose husband’s bank accounts, appointing her as his legal guardian and directing banks to permit her unhindered access to funds for his treatment and the family’s sustenance.
Justice M Nagaprasanna, passed the order on April 29, allowing the petition filed by Bengaluru resident, Sandya Anil Kumar, whose husband, HV Anil Kumar, a retired professor, has been in a comatose state since June 23, 2024, following a diagnosis of Guillain-Barré Syndrome (GBS), a rare neurological disorder that causes progressive paralysis.
The Court noted that the petitioner’s husband had been in the ICU for almost nine months and had lost all ability to write or sign any bank document. The petitioner therefore, was left with no source of money even for her day to day sustenance, it noted.
“The petitioner is appointed as guardian to her husband Dr. Anil Kumar H.V., and a direction is issued to respondents No.2 to 4—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,” the Court said. “They shall not brook any delay and shall permit normal operation of the account at the hands of the petitioner,” it said.
Despite submitting extensive medical documentation, including certificates from Bangalore Medical College and Research Institute confirming her husband’s complete paralysis and inability to communicate, the petitioner, Sandya’s repeated requests to access her husband’s two SBI accounts and one IOB account were denied, she told the Court. The banks cited procedural limitations and declared the accounts “inoperative,” forcing her to seek judicial intervention.
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Represented by advocate H Venkatesh Dodderi, Sandya informed the Court that her husband was hospitalised just weeks before his retirement and had been entirely incapacitated since. She said she had exhausted most of her own savings trying to keep up with the mounting costs of round the clock medical care.
Justice Nagaprasanna observed that Sandya was not a stranger to the account holder but his lawful spouse, and that her access to the funds was not just logical but “essential.” He cited past decisions of the Kerala and Allahabad high courts, which had ruled in favour of spouses or close relatives of incapacitated individuals in similar circumstances.
The Court also took note of the observations made by the Allahabad high court in a 2020 judgement in a similar case where it had permitted a wife to access her husband’s account after a severe stroke rendered him non-responsive. At the time, the Allahabad high court had observed that while there existed laws allowing appointment of guardians for minors and people with disabilities or mental illnesses, such laws did not include people lying in a comatose state.
Justice Nagaprasanna said the situation remained the same even now and therefore, Sandya had no other remedy but to approach the Court. The single judge also noted that both the banks where Sandya’s husband held accounts had not objected to her petition. They were unable to provide any help in the absence of statutory guidelines.
The Karnataka high court also cited the Delhi high court’s 2023 order that emphasised that banks must act with “compassion and urgency” in genuine cases of medical incapacity.
Drawing from these precedents, Justice Nagaprasanna underscored the need for a practical, humane approach when financial autonomy intersects with medical emergencies.
“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 said syndrome is next to impossible and therefore, the petitioner has now been in a comatose state,” Justice Nagaprasanna said.
“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, the wife of Dr. Anil Kumar HV to operate the account and draw money, as the petitioner is not a stranger in relationship to the account holder, she is the wife,” he said.
The high court also granted Sandya the liberty to approach the court to seek further directions if required and directed the banks to facilitate immediate and seamless access to her husband’s accounts.
