Ahmedabad: Gujarat High Court has appointed Farana Sumra from Porbandar as guardian and manager of her husband, who has been in a vegetative state since a road accident in Jan 2017, ending the woman’s five-year-long legal battle to resolve the family’s financial crisis.In her petition, Sumra submitted that her husband Mushtaq Sumra suffered irreversible physical and mental damage in a road accident and has remained in a continuous coma-like condition despite prolonged treatment. She submitted that the family, comprising a major son and two minor daughters, was dependent on the husband’s income and that financial resources have been depleted due to ongoing medical and household expenses.Although her husband owns 22 movable and immovable properties, she has been facing legal impediments in managing or selling them to fund his care.The woman had earlier approached a Porbandar court in 2021 seeking to be appointed guardian and produced property documents and NOC from all the family members. A public notice was issued in June 2021 inviting objections, but none were received. In Feb this year, Porbandar court dismissed her application following which she moved HC.During proceedings, HC ordered medical evaluation of the patient at Bhavsinhji General Hospital in Porbandar and Civil Hospital, Ahmedabad. Doctors confirmed the patient was in unresponsive wakefulness syndrome, also termed persistent vegetative state, with no signs of recovery.Invoking its parens patriae jurisdiction, HC permitted Farana to act as guardian and manager for 22 properties listed in the petition, subject to stringent safeguards. These include quarterly reporting to registrar general on transactions, funds received and use for the patient’s care; maintaining a court register; and provisions for review, revocation, or replacement of the guardian in case of misuse.HC clarified, “Needless to add that while selling the immovable properties or movable properties of her husband Mustak Abdul Rahim Sumra, the petitioner will ensure that best possible price or consideration is fetched.” HC further said that any sale or transfer must be reported with documents within one month; proceeds must be used for Mustak’s treatment.
