Daughters reached supreme court / Brother is not allowing to meet 89-year-old mother, notice to Delhi and Bihar Police

Zoom News : Mar 20, 2022, 10:14 AM
Losing almost every hope of meeting her 89-year-old mother, her two daughters have finally moved the Supreme Court. The obstacle in meeting the mother and daughters is reportedly none other than her brother.

The elderly woman, a resident of Muzaffarpur in Bihar, was brought to Delhi's Ganga Ram Hospital for treatment last month and the son was discharged from the hospital on February 26, since then there is no trace of the elderly woman. The woman is suffering from Alzheimer's.

A bench of Justice Dhananjay Y Chandrachud and Justice Suryakant on this humanitarian aspect on a Habeas Corpus petition by two daughters of an elderly woman, Pushpa Tiwari and Gayatri Kumar, Commissioner of Police of Delhi, Government of Delhi, Government of Bihar, Ganga Ram Hospital and Rajendra Nagar Police Station of Delhi. The SHO has been issued a notice asking him to file a reply. Everyone has been asked to trace the whereabouts of the elderly woman. The petitioner women say that she had gone to the hospital on February 26, but her brother beat her up and did not allow her to meet her mother.

After which both had also lodged a complaint at Rajendra Nagar police station. Advocates Manish Kumar Saran and Satya Prakash Sharan, appearing for the petitioners, told the bench that the elderly woman suffering from Alzheimer's disease is not capable of taking any decision on her own. He told the bench, "We were not able to decide which court to go to because we do not know where the elderly woman is? The bench was initially hesitant to issue the notice as the brothers and mother of the petitioners are residents of Bihar. The bench said that the High Court can better deal with such matters. There will be no end to this if the Supreme Court starts getting into such nuances.

When the counsel for the petitioner expressed apprehension that the elderly woman could have been taken to Uttar Pradesh. To this the bench asked, how can a roving warrant be issued. The petitioners said that they suspected foul play as the hospital had allowed the patient to be discharged on the same day after complaining to the Delhi Police about the incidents of violence in the hospital.

The petitioners told the court that their concern is that the brother and his family are deliberately not providing proper care and medical treatment to the elderly mother. Due to which he dies untimely and the brother will get all the property and wealth of the mother. Thereafter, the bench issued notice to the respondents. The petition has claimed that property and jewelery worth crores of rupees are in the name and control of the mother, on which the brother is watching. They claim that the brother and his family members forcefully and fraudulently got some documents in their favor. The Supreme Court has also issued notice to the brother of the petitioner. The concerned police station has been asked to serve the notice.

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