In a significant ruling concerning a family dispute, the Bombay High Court has determined that a 91-year-old woman is living with her son and his family of her own free will and is not under illegal detention. However, the court has mandated that her daughter be allowed to visit her every week.
The Court's Verdict and Visitation Agreement
The bench of Justices Bharati Dangre and Shyam Chandak delivered the judgment on Monday after reviewing the statements of the elderly mother. The court was satisfied that the mother is staying with her son out of her own volition. Despite this finding, the judges emphasized that the daughter should not be barred from meeting her mother.
Following the hearing, and with the assistance of the daughter's advocate, Girish Utangale, and the son's family advocate, Heena Mistry, a consensus was reached. The parties agreed that the 69-year-old daughter would be permitted to visit her mother every Sunday between 3 pm and 6 pm.
Details of the Family Dispute and Investigation
The case reached the High Court through a habeas corpus petition filed by the daughter. She alleged that after her brother suffered a brain stroke, their mother visited him and was subsequently confined by his wife and children. The daughter claimed this restricted her communication with her mother, despite her previously being her primary caretaker.
She made efforts to secure her mother's release, including filing a police complaint, before approaching the High Court. However, the investigation took a different turn. Prosecutor Sangeeta Shinde informed the court that the Investigating Officer recorded the mother's statement on September 23.
Upon perusing this statement, the judges noted the mother's clear declaration. She stated that she had visited her daughter for a period but, on September 20, when she came to meet her son, she realized she was more comfortable with him. She chose to reside in his house, which she considers her own, adding that everyone there cares for her and she has no desire to move back to her daughter's place.
Judicial Observations and Final Order
The court, in its order, highlighted the mother's determined statement. "In the wake of the categorical statement... that she wants to lead her life in the house of her son, which she considers to be hers, and with the determination with which she has made the statement, we form an opinion that she is not forced to stay there, and with her free will she is staying there, and is at comfort in the said house," the bench observed.
However, the judges added a crucial directive for the son's family. They specified that the family shall ensure private moments between the daughter and the mother during the visits, allowing them solitude away from other family members.
This ruling brings a temporary resolution to the emotional legal battle, upholding the autonomy of the senior citizen while preserving the mother-daughter bond through structured access.
