The Madras High Court has granted a woman permission to visit her 79-year-old mother after the elderly woman, who is currently unable to speak, indicated her willingness to see her daughter using a thumbs-up gesture during a video conference.
The division bench, comprising Justices A D Jagadish Chandira and R Poornima, ordered that the daughter be allowed access to her mother at her brother’s residence. The court directed the daughter to notify the Keelambakkam police before visiting and instructed the brother to permit the visits without any obstruction.
Custody Dispute And Allegations
The ruling follows a petition filed by the daughter, who works abroad in the United States. She alleged that her younger brother had removed their mother from a Madurai-based rehabilitation facility against medical advice and was holding her illegally in Chennai.
According to the petitioner, she has been funding her mother’s medical treatment and care through a dedicated caregiver. She also noted that her younger brother had previously initiated a civil suit against her, their mother, and the heirs of their deceased brother, seeking property partition, a declaration of rights, and a permanent injunction.
The petitioner’s counsel, A Karthik, stated that his client had travelled to India from America specifically to see her mother but was prevented from doing so by her brother.
Court Inquiry And Video Evidence
In response to the petition, the court instructed Additional Public Prosecutor D Venkatesh to direct the Keelambakkam police to inspect the brother’s residence. The police inspector subsequently produced the mother before the bench via a video conferencing link.
During the virtual hearing, the court observed that the elderly woman was unable to speak and could only communicate through physical gestures. When asked by the judges if she wished to see her daughter, she responded with a thumbs-up. When asked if she wanted to continue living with her son, she gave the same gesture.
Verification Of Caregiver Records
On behalf of the brother, Venkatesh informed the court that there was no objection to the daughter visiting her mother.
Citing the mother’s advanced age and physical frailty, the bench declined to order her physical appearance in court. Instead, the judges instructed the police to contact Apollo Hospital in Madurai and the Poovanthi Institute of Rehabilitation and Elder Care to verify who has been managing her care and bearing her medical expenses.
The court stated that a final order on the petition will be deferred until the police submit their verification report regarding the mother’s ongoing care and medical history.
