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Synopsis

The Kerala High Court has recently reunited an 80-year-old woman with her 92-year-old husband, who had been taken away by their son due to his dementia.

Justice Devan Ramachandran of the Kerala High Court was approached by the woman regarding the alleged unlawful detention of her husband by their son

While passing the order of reuniting the couple the bench in its order recorded “Till death do us part”

The son had relocated his father, who was suffering from dementia, from the family house to his own residence. He claimed that he couldn't stay at the family house due to the risk of potential conflicts with neighbours, with whom he had disputes.

The woman informed the bench that she couldn't reside with her son due to previous instances of ill-treatment.

After perusing the report from the Social Justice Officer, the bench found that although the 92-year-old was suffering from dementia, being in the company of his wife brought him happiness, and they shared many positive moments together.

The son argued that he was the sole person capable of caring for his father and claimed that the report had been manipulated to favour his mother's interests. He went on to state that if his mother desired, she could care for her husband at her son's residence.

However, the high court said that the son could visit the family house and provide care for his father.

In its order, the bench emphasized that the wife's right to be with her husband was absolute and the son could not deny it.

“The right of the wife of the senior citizen – for his custody and consortium is inviolable and absolute. Her son can never deny this,” the order states.

As a result, the court proceeded to reunite the elderly couple. The bench, in its order, noted that if the son wanted to visit the family house and had concerns about potential altercations, he could request the required police protection.

Case title: Shiju K Bhanu v The District Collector & Maintenance Appellate & Ors.