The Delhi High Court has granted legal guardianship to a wife for her husband, who has been in a vegetative state since February 2025 due to a severe brain hemorrhage. The court, invoking its parens patriae jurisdiction, approved a petition by Professor Alka Acharya to become the guardian of her husband, Salam Khan, who remains unconscious and reliant on life support.
A medical board from G.B. Pant Institute of Post Graduate Medical Education and Research (GIPMER) confirmed that Khan is in a persistent vegetative state with a 100% disability, incapable of making significant decisions independently. The board highlighted his need for constant care, a tracheostomy tube for breathing, and a Ryle’s tube for feeding.
The Delhi HC considered a report by the Sub-Divisional Magistrate (South-West) verifying Khan’s condition, confirming the marital relationship, and finding no discrepancies. The court noted a lack of legal framework for guardianship in such cases under existing disability and mental health laws, emphasizing the role of constitutional courts in safeguarding individuals’ welfare.
Justice Datta emphasized that Mr. Salam Khan, following his brain hemorrhage, lacks decision-making capacity and requires a legal guardian for his well-being. The court also acknowledged the couple’s adult children’s support, who consented to their mother’s appointment as guardian. Consequently, the Delhi High Court authorized the wife to oversee her husband’s medical care, finances, and assets for his daily needs.
