“Till Death Do Us Apart”, Kerala High Court Reunites 80 Yr-Old Woman With 92 Yr-Old Husband, Son Cannot Keep Them Apart

“Till death do us part”. An octogenarian wife has been driven to knock on the doors of this Court for consortium and company of her dementia afflicted husband – twelve years her senior – who, she says has been unfairly taken away by her son to his house and detained.”, the Court observed.

Justice Devan Ramachandran observed that the wife of a senior citizen has absolute and inviolable right to have the custody and company of her husband during the winter years of their lives. It held that the son has no right to keep his parents away from each other.

“Even being dementia afflicted and his memories fading, the senior citizen clearly finds solace with his wife – as the Social Justice Officer puts it in his report, “they shared good moments”. He must never be denied this, whatever Sri.Siju K.Bhanu may say in justification. The right of Smt.Kameela – the wife of the senior citizen – for his custody and consortium is inviolable and absolute. Her son, Sri.Siju K.Bhanu can never deny this.”

Background Facts

The first writ petition was filed by the son of the ailing father who was suffering from dementia challenging the order issued by the Maintenance Appellate Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. According to the order of the Tribunal, the father was to be taken to his family house so he can live with his wife there. This was challenged by the son who wanted to take care of the father by stating that the mother cannot take care of the father as she was also old and suffering from various ailments. The son stated that he was willing to take care of the mother also if she agrees to live at his house.

The second writ petition was filed by the octogenarian wife for being reunited with her nonagenarian ailing husband and for the enforcement of the order of Maintenance Appellate Tribunal. The wife contended that the husband was the happiest when he was with her at the family house and that he was illegally detained by their son and kept away from her. The mother was unwilling to live with her son due to some differences.

Court Observations

Advocate Ramkumar Nambiar, amicus curiae submitted before the Court that the wishes of the senior citizens have to be priority. It was submitted that even patients with long term prolonged illnesses recover when there was an atmosphere of love and peace.

Government Pleader Vidya Kuriakose submitted before the Court based on the report of the Social Justice Officer that the husband was the happiest in the company of his wife and he wants to live with her at their family house.

The son, who appeared in person, submitted before the Court that he cannot stay at his family house due to some threats from the neighbors. He stated that he has evidence to prove that the father does not want to live with at the family house. It was also contended that he was the only person who can take care of his father, especially because mother was also old and unwell. He submitted that his father would be greatly prejudiced and left with no care if taken away from him.

The Court perused the reports of the Social Justice Officer which stated that the senior citizen was happy in the company of his wife and that his condition would improvise in her company at their family house. The report also stated that even the 80 year old wife wishes to live her last days in the company of her husband. The wife also alleged that she doubted the intentions of the son in taking away her husband and keeping them away from each other during their old age.

“It is thus obvious from the afore reports that the Social Justice Officer, who was accompanied by a competent team, has found, on personal interaction and observation with and of the senior citizen, that though he is suffering from dementia, his company with his wife brings him happiness and that he shared “good moments with her”. He also saw that the senior citizen is residing in a room with a caretaker, and opines that this is not apposite, because he wants the company of his family, particularly his wife, in the winter years of his life.”

The Court found that the son has no threat in living at his family house. The Court further stated that the caretaker of the father who was appointed by the son can also take care of him at their family house.

On the above findings, the Court directed the jurisdictional Social Justice Officer to accompany the senior citizen to his family house, so he can live in the company of his wife. The Court also permitted the son to visit and stay with his father, subject to the wishes of the mother.

Advocates Pirappancode V.S.Sudhir, Akash S.,Girish Kumar M S, Devika Jayaraj, Mary Kunju John and Government Pleader Vidya Kuriakose appeared for the respondents in petition moved by son.

Advocates Pirappancode V.S.Sudhir, Akash S.,Girish Kumar M S, Devika Jayaraj appeared for mother

Government Pleader Vidya Kuriakose appeared for the respondents in WP(C) No. 22758 of 2023

Citation: 2023 LiveLaw (Ker) 575

Case title: Siju K Bhanu v The District Collector & Maintenance Appellate Tribunal & Connected Case

Case number: WP(C) NO. 18335 OF 2023 and WP(C) NO. 22758 OF 2023

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