Business Family Feud- Bombay HC Passes Interim Order In Habeas Corpus Plea Permitting Daughter To Visit Her 93 Year Old Mother

In a habeas corpus petition filed by Sudha Chowgule from a prominent business family in South Mumbai, the Bombay High Court has granted interim relief allowing the Petitioner to meet her mother Induben Patel who is presently residing with her the Petitioner's sister, a Respondent in the petition.

A Bench comprising of  Justice Revati Mohite Dere and Justice Gauri Godse passed an interim order directing the Respondent to allow the Petitioner and her family to meet her mother.

Senior Advocate Navroz Seervai appeared for the Petitioner while Advocate Jamsheed Master appeared for the Respondent.

In the present case, the Petitioner and Respondent No. 1 are real sisters. Their mother, Induben Patel aged 93 years, is residing with Respondent No.1. The petitioner in her petition has levied serious allegations against her sister. There has been a history of litigations between the sisters.

Without going into the merit of the allegations, the Court appointed Advocate Manjiri Shah to ascertain the wishes of Induben Patel as to where she would like to reside. Advocate Shah submitted her report in a sealed envelope.

"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 said.

Upon consideration of the report of Advocate Manjiri Shah and keeping in mind the age of the mother, the Court passed an order for interim order directing the respondent to allow the Petitioner, her husband, their children, and grandchildren to meet Induben Patel on every Monday, Wednesday, and Friday from 10:00 a.m. to 11:00 a.m.

Further, certain conditions were placed with regard to the meeting including no video, and no presence of any Advocates or Chartered Accountants. Further, the Respondent No. 1 and her family were not allowed to be present during the meeting.

The Court rejected the plea of the Counsel for the Respondent who sought a stay on the order.

Cause Title: Sudha Chowgule v. The State of Maharashtra and Ors.

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