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Synopsis

A division bench of the Bombay High Court comprising Justice Revati Mohite Dere and Justice Gauri Godse has recently allowed a habeas corpus plea filed a by daughter seeking to meet her 93-year-old mother who was allegedly detained by the petitioner’s sister.

The high court had appointed Advocate Manjiri Shah to ascertain the wishes of the 93-year-old. A report was submitted by Advocate Shah to the court. The court in its order noted that,

“Ms Manjiri Shah submitted her report in a sealed envelope. After opening the said envelope, we have perused the report of Ms. Manjiri Shah’s visit to Mrs Induben Patel’s residence on 25th March 2023. Having perused the report, we are at pains to see what Mrs Induben Patel is required to go through, in her twilight years,” the court noted.

The petitioner and her sister had filed multiple civil and criminal cases against each other. However, the court chose not to delve into the allegations made by either sister.

Furthermore, the high court took into account a previous order from October 2021. During that hearing, a habeas corpus plea was filed by the respondent in the current case. The respondent alleged that the present petitioner had wrongfully detained their mother.

At that time, the court had appointed Advocate Shah to determine the wishes of the 93-year-old mother. According to the sealed envelope, she was well cared for by the present petitioner and her family. The envelope also mentioned that the mother felt ashamed because, despite her husband's generosity, there were ongoing quarrels between the sisters.

The counsel representing the respondent opposed the plea for interim relief and requested the court to allow them to file a reply.

However, considering the facts of the case and Advocate Shah's report, the court decided to grant interim relief.

Consequently, the high court allowed the petitioner, her husband, and children to visit the 93-year-old on Mondays, Wednesdays, and Fridays from 10:00 a.m. to 11:00 a.m. until further orders are given.

Case title: Sudha Chowgule vs State of Maharashtra & Ors.