Court Rules Mother Stays With Son Voluntarily
The Bombay High Court has delivered a significant ruling in a family dispute involving a 91-year-old woman, confirming that she resides with her son and his family of her own free will and is not being illegally detained. However, the court has ensured family connections remain intact by granting her 69-year-old daughter weekly visitation rights.
The Family Dispute and Allegations
The case came before Justices Bharati Dangre and Shyam Chandak on Monday after the daughter filed a habeas corpus petition seeking her mother's release and custody. The daughter had alleged that her mother was being illegally confined by her brother's wife and children. She claimed that while she had been caring for their mother previously, the situation changed when her brother suffered a brain stroke.
The daughter asserted that when their mother visited the son during his illness, she was subsequently confined and detained, with communication between mother and daughter being restricted. The concerned daughter made multiple efforts to secure her mother's freedom, including filing a police complaint before ultimately approaching the High Court with the habeas corpus petition.
Court's Investigation and Findings
Prosecutor Sangeeta Shinde presented crucial evidence to the court, revealing that the investigating officer had recorded statements from both the elderly mother and her caretaker on September 23. After carefully examining these statements, the judges expressed satisfaction that the mother was staying with her son voluntarily.
The 91-year-old mother made a categorical statement that she had chosen to reside with her son, explaining that while she had visited her daughter for a period, she realized during her September 20 visit to her son that she felt more comfortable with him. She emphasized that the house belongs to her and that everyone in her son's household cares for her properly.
The mother clearly stated she has no desire to shift to her daughter's place and wishes to continue living with her son. She also clarified that there were no significant disagreements with her daughter that prompted her decision to leave.
The Court's Balanced Judgment
In their ruling, the judges noted: "In the wake of the categorical statement of Smt… 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."
However, the court recognized the importance of maintaining family bonds, adding: "However, that does not mean her own daughter is not allowed to meet her."
The court directed that the son's family must ensure private moments between the daughter and mother during visits, allowing them solitude away from other family members. Through the assistance of advocates Girish Utangale representing the daughter and Heena Mistry for the son's family, both parties reached a consensus agreement.
The final arrangement permits the daughter to visit her mother every Sunday between 3 PM and 6 PM, ensuring regular contact while respecting the mother's choice of residence. This three-hour weekly visitation provides the daughter meaningful time with her mother while acknowledging the elderly woman's autonomous decision about where she wishes to live.
