The Bombay High Court has denounced the conduct of a Mumbai resident who allegedly abandoned his ailing, 76-year-old mother in a private hospital, calling it a distressing and “unpardonable” act that struck an emotional chord with the bench.
A division bench of Justices A S Gadkari and R R Bhonsale, in an order passed on Monday, said the case “shocked the conscience” of the court. The woman, admitted to Bandra’s Holy Family Hospital in August by her son, was found to be malnourished and recovering from a stroke.
According to the hospital, the son initially paid a part of the treatment expenses but soon stopped, claiming medical negligence. He then refused to settle even the undisputed bills and declined to either take his mother home or shift her to another facility. The outstanding dues stand at around ₹16 lakh.
With the woman now stable and fit for discharge, the hospital approached the High Court seeking directions for her safe relocation.
The court noted that the son’s refusal to take responsibility — including his decision to leave the courtroom after declining to give an undertaking for his mother’s care — amounted to clear abandonment. “This conduct is not that of a prudent person or responsible son,” the bench observed.
Directing immediate action, the court ordered that the woman be shifted to the civic-run Bhabha Hospital, with her son bearing the expenses. If he failed to comply, the State was directed to take custody of the woman and move her to an appropriate government facility.
The bench also recorded that the family home is in the mother’s name. To protect her interests, it restrained the son from dealing with any of her properties without prior permission from the court. He has been ordered to file an affidavit within a week detailing all her assets.
The case, the judges said, reflected a “very unfortunate and sad situation” that warranted judicial intervention to safeguard the dignity and well-being of the elderly woman.=
