In a case involving a dispute between two sisters, the Bombay High Court has recently granted an interim relief by allowing the visitation of a 93-year-old woman by her daughter.
A division bench comprising Justice Revati Mohite-Dere and Justice Gauri Godse, expressed deep concern for the mother’s situation.
The habeas corpus petition, filed by Sudha Chowgule, sought the production and immediate release of her mother, Induben Patel, who resides with Chowgule’s sister, Jaya Patel. The court appointed Advocate Manjiri Shah to assess Mrs. Patel’s wishes and desires regarding her residence and meeting with Sudha.
Considering the reports submitted by Shah, the court decided to grant interim relief to the petitioner. Sudha Chowgule, her husband, children, and grandchildren are permitted to meet Mrs. Patel on Mondays, Wednesdays, and Fridays from 10:00 a.m. to 11:00 a.m. Jaya Patel or her family members are not allowed to be present during these meetings.
To ensure Mrs. Patel’s well-being, her nurse may be present at a visible but not audible distance. However, videography and the presence of advocates, solicitors, or chartered accountants during the visits are prohibited. Discussions related to Mrs. Patel’s property or bank accounts and the carrying of any related documents are also prohibited.
The court refused to stay this order and scheduled the matter for further consideration on July 7, 2023.
