Bombay High Court Grants Interim Relief In Habeas Corpus Plea Filed By Daughter To Meet Her 93-Yrs Old Mother

A division bench of Justice Revati Mohite-Dere and Justice Gauri Godse while dealing with a habeas corpus petition filed by one Sudha Chowgule expressed pain in the mother’s situation.

“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 remarked.

Chowgule has approached the court seeking a writ of habeas corpus for the production and immediate release of her mother, Induben Patel, who resides with Chowgule’s sister, Jaya Patel.

The court noted that there are several civil and criminal cases pending between the two sisters and their families but did not delve into the serious allegations they have made against each other.

On March 21, 2023, the court had appointed Advocate Manjiri Shah to ascertain Mrs. Patel’s wishes regarding her place of residence, her desires in life, and her willingness to meet her daughter Sudha. Shah visited Mrs. Patel's residence on March 25, 2023, and submitted a report to the court in a sealed envelope. The court expressed concern over the plight Mrs. Patel is going through in her twilight years.

The court also considered a previous report dated October 26, 2021, submitted by Shah when she was appointed to visit Mrs. Patel in a 2021 habeas corpus petition by her other daughter Jaya. At that time, she resided with Sudha Chowgule. According to the October 2021 report, Mrs. Patel sought peace in her life and wished that no negative comments be made about Ashok, Sudha Chowgule's husband. The report further stated that Mrs. Patel was well taken care of by Sudha and her family, and felt shame over the dispute between her daughters.

Advocate for Jaya Patel opposed interim relief seeking an opportunity to file an affidavit-in-reply before the court considers granting any relief. However, considering the reports submitted by Shah, and Mrs. Patel's advanced age, the court decided to grant interim relief to the petitioner, operative from June 30, 2023.

The court allowed petitioner Sudha Chowgule, her husband, their children, and grandchildren to meet Mrs. Patel on every Monday, Wednesday, and Friday from 10:00 a.m. to 11:00 a.m., till further orders. Mrs. Patel’s other daughter Jaya or her family are not allowed to be present during meetings.

The court also allowed Mrs. Patel’s nurse to be present at a visible but not audible distance during the meetings. However, the court prohibited videography of the meetings by anyone as well as any advocate, solicitor, or chartered accountants from accompanying petitioner Sudha Chowgule during the visits.

The court accepted the petitioner’s statement that she and her family members will not discuss anything related to Mrs. Patel’s property or bank accounts or carry any documents during their visits.

The court refused to stay this order and posted the matter for further consideration on July 7, 2023.

Senior Advocates Navroz Seervai and Ashish Kamat along with Advocates Kunal Mehta, Abhay Jadeja, Varun Satiya and Snigdha Mankar represented Sudha Chowgule.

APP P.P. Shinde appeared for the State. Advocates Jamsheed Master and Natasha Bhat represented Jaya Patel.

Case no. – Criminal Writ Petition No. 948 of 2023

Case Title – Sudha Chowgule v. State of Maharashtra and Ors