Mumbai: The Bombay High Court has appointed a woman as the sole legal guardian of her husband, who has been rendered incapable of managing his affairs due to severe cognitive decline following a medical emergency.
A division bench of Justices Revati Mohite-Dere and Neela Gokhale passed the order on March 18 after reviewing a medical report confirming that the 61-year-old man suffers from psychosis, depression, and dementia after experiencing a Grade-IV Subarachnoid hemorrhage. His condition has left him unable to make financial or legal decisions independently.
The HC decided the petition filed by his wife seeking legal guardianship over his person and assets, including multiple properties, bank accounts, and investments. She had also sought to be appointed as a joint guardian alongside husband’s aunt, but the court declined this request.
By an earlier order dated January 24, 2025, the court had directed the Grant Government Medical College & Sir J.J. Group of Hospitals to constitute a Medical Board, including a neurologist, to evaluate the man’s mental and physical condition.
The report concluded that he suffers from “global cognitive decline” and is “unfit to make legal and financial decisions independently.” The board further noted that “he is unlikely to recover completely, and his recovery could be a delayed process”.
The findings also confirmed that his cognitive abilities are severely impaired, affecting his orientation, attention, and verbal memory.
During the hearings, the court interacted with several family members, including the couple’s children and extended relatives. None objected to the petitioner’s appointment as guardian.
The court noted: “We have considered the submissions made by the parties. It is clear from the report of the Medical Board that [he] suffers from dementia and other ailments due to which he is unable to deal with his properties.”
The petitioner’s counsel argued that the couple had executed a joint will, under which their respective assets would pass to the surviving spouse and, subsequently, to their son. Additionally, the man is the sole beneficiary of his late father’s will, which includes a residential flat in Mumbai. The couple also jointly own two flats, a row house in Pune along with various bank accounts, investments, and gold jewelry.
The wife is permitted to operate her husband’s individual and joint bank accounts but is barred from making any transfers, gifts, or distributions to herself or other family members without prior court approval, except for the man’s needs.
The court has, however, restrained her from transferring or alienating the immovable properties without the consent of the HC. Additionally, any income generated from the properties must be deposited into designated bank accounts. If a sale or transfer of property becomes necessary, the petitioner must seek the court’s permission.
