Gujarat High Court Allows 'Habeas Corpus' Petition By Younger Son Seeking Parents' Custody From Elder Brother
The Gujarat High Court has handed over the custody of an old and ailing couple to their younger son in a habeas corpus petition filed by the latter alleging mis-treatment and illegal detention of his parents by his elder brother, the Respondent. A division bench of Justices Vipul Pancholi and Sandeep Bhatt expressed shock at the Respondent's conduct in chambers, labelling his mother as...
The Gujarat High Court has handed over the custody of an old and ailing couple to their younger son in a habeas corpus petition filed by the latter alleging mis-treatment and illegal detention of his parents by his elder brother, the Respondent.
A division bench of Justices Vipul Pancholi and Sandeep Bhatt expressed shock at the Respondent's conduct in chambers, labelling his mother as a "villain".
"The uttering of such words about his mother by Respondent No.3 shocked the conscience of the Court as well as the learned Advocate for the petitioner and the learned APP, who were also present in the chamber."
The Court declined the Respondent's request to grant 10 days transition period before handing over custody, considering the "extent of ill-treatment" meted out by him.
"Ordinarily, this Court would have given some time to Respondent No.3 to handover the custody of the corpora to the petitioner. However, considering the extent of ill-treatment meted out to the corpora, as is disclosed by Corpus No.2 before this Court so also the conduct of Respondent No.3, as recorded herein above, we deem it appropriate that the custody of the corpora be handed over to the petitioner, forthwith."
The habeas corpus petition was filed by the younger son against Respondent No. 3, the elder son. The father of the Petitioner was suffering from paralysis as well as cancer and he was bed-ridden. The Petitioner submitted that the Corpora had been staying with him since 2002 till 2019. However, upon visiting Respondent No. 3, the Corpora complained of ill-treatment and requested to be taken back by the Petitioner. They also filed a police complaint for ill-treatment against Respondent No. 3. Subsequently, in January 2022, the Corpora went to the house of Respondent No. 3 and thereafter, were allegedly detained.
The Bench noted that when the police had approached Respondent No. 3 to record the statements of the Corpora, he refused on the ground of their ill-health. Respondent No. 3 also had failed to produce the Corpora and instead remained the party-in-person.
Upon interacting with the Corpora in the instant hearing, the Bench found that the family members of Respondent No. 3 were meting out ill-treatment to the couple. They also expressed the wish to stay at the house of the Petitioner. The Petitioner also assured the Bench that he was aware of the physical condition of his father-Corpus and was ready to make all arrangements for the treatment and maintenance of the Corpora, including arranging a medical attendant and medicines etc. He also stated that he was willing to sign an undertaking that he was not interested in the properties of his parents.
Case No.: R/SCR.A/7772/2022
Case Title: JAYESH MANHARLAL GANDHI v/s STATE OF GUJARAT
Citation: 2022 LiveLaw (Guj) 326