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Gujarat High Court Grants Joint Custody Of Differently Abled Corpus To His Father & Major Daughter
PRIYANKA PREET
12 Feb 2022 10:59 AM IST
In a peculiar case, where the corpus lost his memory up to 95% and his wife died by committing suicide, the Gujarat High Court has permitted the corpus' major daughter and his father to share joint custody of the corpus.The Bench comprising Justice Sonia Gokani and Justice Mauna Bhatt further directed that once the second daughter of the corpus becomes a major, she will also have...
In a peculiar case, where the corpus lost his memory up to 95% and his wife died by committing suicide, the Gujarat High Court has permitted the corpus' major daughter and his father to share joint custody of the corpus.
The Bench comprising Justice Sonia Gokani and Justice Mauna Bhatt further directed that once the second daughter of the corpus becomes a major, she will also have joint custody of the corpus and if, by then the corpus has completely cured and medically released, they can continue to look-after him.
The development comes in a writ petition filed by the deceased Krupa Patel who was married to the corpus Chirag Patel.
Owing to a major accident, the corpus had lost his memory up to 95% which led to the corpus staying in the hospital for four months and eventually, living with his parents. The Petitioner filed a habeas corpus petition seeking the release of her husband from the wrongful confinement of his parents (Respondent No. 4 and 5). The Gujarat High Court, meanwhile, made several attempts to settle the dispute amicably through mediation.
However, during the course of the petition, the Petitioner committed suicide in October 2021. Subsequently, the Court wished to inquire into the details of the properties of both the parents of the daughters and the status of the health of the corpus.
Respondent 4 complied with the order of the Court and averred that the petition was "misleading and incorrect" since the corpus was provided with the best of healthcare, physical support and medical facilities by his parents. Additionally, the habeas corpus petition could not be filed since the corpus was not illegally detained. The corpus was living with his parents as per special laws which govern the custody of the mentally ill or the disabled.
The Respondent refuted the allegation that he had denied the Petitioner i.e. his daughter-in-law and his granddaughters from meeting the corpus. Additionally, it was the Respondent's case that the Petitioner did not have financial support or requisite manpower to take care of the corpus in his distress.
Keeping in view this Affidavit-in reply, the Bench observed that both the daughters were being educated on the expense of the grandparents since their mother had passed away. They were also residing with the grandparents. Further, due care was being taken of the corpus and the daughters had expressed the desire to live with their grandparents.
Additionally, the elder daughter, aged 21 expressed no objection to the joint custody of the father with the grandfather and the younger daughter would share the custody when she became a major.
Appreciating this amicable settlement to the dispute, the Court was assured that the names of both granddaughters will be added to all the properties solely owned by the later mother, the self-acquired properties of the corpus-father and the joint properties of the Petitioner and the corpus.
The Court directed this procedure of mutation of names in the property documents to be completed within 10 weeks.
Accordingly, the petition was disposed.
"The journey which has been initiated by way of this petition under Article 226 of the Constitution of India in unfortunate circumstances has eventually culminated into an amicable end although of course with a trail of misfortune of the petitioner having ended her life in the process," the Court noted in its order.
Case Title: Krupa Chirag Patel Versus State Of Gujarat
Citation: 2022 LiveLaw (Guj) 31
Case No.: R/SCR.A/9944/2019
