In a recent ruling, the Supreme Court has granted an American mother, Sharmila Velamur, custody of her mentally ill son, allowing them to return to the United States. This decision came after a lengthy legal battle against a previous judgment by the Madras High Court, which had found no illegal detention by the father in Chennai.
The bench, comprising Justices Surya Kant, Dipankar Datta, and Ujjan Bhuyan, noted that the 22-year-old’s mental age was akin to that of an eight to ten-year-old child, citing significant disabilities due to Mild Intellectual Developmental Disorder and Cerebral Palsy. The court emphasized that the son’s condition severely impairs his ability to make informed decisions independently.
During the proceedings, it was revealed that despite the ongoing mediation and guardianship discussions in Idaho, the father had moved the son to Chennai and subsequently became untraceable. The apex court criticized the Madras High Court’s approach, which relied solely on a brief oral interaction with the son to conclude that he was not being detained against his will.
Furthermore, the Supreme Court highlighted that the son had undergone a comprehensive medical assessment at NIMHANS, Bengaluru, which concluded his cognitive functions were significantly compromised. An evaluation committee from the Idaho Department of Health and Welfare corroborated these findings, affirming his inability to handle complex decisions about his residency.
The justices found the high court’s decision to be hasty and lacking in depth, as it dismissed extensive scientific assessments in favor of a few minutes of conversation. They argued that a more thorough inquiry by a reputable medical institution should have been ordered if there were doubts about the medical reports.
The ruling also recognized that the son had spent most of his formative years in the US, where he accessed specialized welfare services and educational support. The court stated that returning to the US would be in his best interests, allowing him to complete his schooling and live with his younger brother under his mother’s guardianship.
The court has ordered that the mother and son must return to the US within 15 days and instructed the father not to create any obstacles to their departure. This landmark judgment underscores the importance of considering medical expertise and the welfare of individuals with disabilities in custody disputes.
