Bombay HC Raps Son For ‘Unpardonable’ Abandonment Of 76-Year-Old Mother; Orders Immediate Shift From Holy Family Hospital
Mumbai, Nov 19: In a strongly worded order, the Bombay High Court has pulled up a Bandra resident, for what it called a “very unfortunate and sad situation” and “unpardonable” abandonment of his 76-year-old ailing mother, who has been lying in the ICU of Bandra’s Holy Family Hospital since August. The court said the case “shocks the conscience” and reflects a son’s failure to fulfil even the most basic duty of caring for his elderly mother.
HC Criticises Police and Tribunal for ‘Lack of Empathy’
Furthermore, the court also came down heavily on the Senior Police Officer, Bandra Police Station and the Senior Citizens Tribunal, for their “inaction and complete lack of empathy”. The failure of the Tribunal to take suo-moto cognizance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, stating their dereliction of duty “defeats the very purpose and object of the Act”, said a bench of Justices Ajey Gadkari and RR Bhonsale.
Petition Filed by Holy Family Hospital Seeking Custodial Directions
The court passed the detailed 47-page order while hearing a petition by The Bandra Holy Family Hospital Society which runs The Bandra Holy Family Hospital, a charitable hospital. The plea sought directions to appoint the hospital as temporary guardian of the senior citizen who was abandoned by her son.
Hospital Details Medical Condition and Son’s Refusal to Take Her Back
The mother was admitted to Holy Family Hospital on August 24, 2025, after suffering imbalance and weakness. Doctors diagnosed a right MCA infarct and found her severely malnourished. The hospital told the court that although she stabilised and was fit for discharge by October 4, her son refused to take her home, withheld payment of outstanding bills of about Rs 16 lakh, and instead began levelling allegations of medical negligence. He had paid only Rs 4.25 lakh so far, the hospital said.
Plea Highlights Abusive Behaviour and Delayed Procedures
The plea sought directions to shift the abandoned patient from their ICU to her own residence or to a government hospital through the intervention of the police and the Senior Citizens Tribunal.
The hospital alleged that the son was uncooperative, delayed critical procedures, behaved abusively with hospital staff, and abandoned his mother for long stretches. Despite being told that prolonged ICU stay posed a risk of hospital-acquired infections, he refused to take discharge and instead served a legal notice accusing the hospital of negligence.
Court Notes Prima Facie Proper Treatment, Criticises Authorities
The court, while refusing to enter into the question of medical negligence, noted that prima facie the hospital had stabilised the patient and continued treating her despite allegations. It expressed deep disappointment with Bandra police and the Senior Citizens Tribunal for showing “negligence and complete lack of empathy” despite repeated complaints made since October 4.
HC Says Son’s Conduct Shows Clear Abandonment
The bench observed that the son’s conduct — refusing to take discharge, failing to clear even undisputed bills, and leaving the courtroom after declining to give an undertaking to care for his mother — indicated a clear case of abandonment. “This conduct… is not that of a prudent person or responsible son,” the court remarked, adding that his behaviour made it appear that he was avoiding payment under the guise of seeking a second opinion.
Court Orders Shift to Bhabha Hospital; Son to Bear All Costs
To safeguard the senior citizen’s well-being and her fundamental right to a dignified and healthy life, the court issued stringent directions. It directed the son to shift his mother to Bandra’s Bhabha Hospital ICU, under medical supervision, and to bear all related expenses at government or CGHS rates, whichever is lower. If he fails to do so, the State must take custody of the mother and shift her to a government hospital, the court said.
Son Barred From Handling Mother’s Property Without Court Permission
The judges noted that the residential flat was in the mother’s name, hence, it prohibited the son from dealing with any of his mother’s properties without the Court’s prior leave and ordered him to file an affidavit detailing all her assets.
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Tribunal Directed to Act Under Maintenance Act; Next Hearing November 24
The Maintenance Tribunal is directed to take necessary steps, including the protection of the senior citizen’s property and interests, under Sections 5 and 23 of the Maintenance Act. The matter will be taken up on November 24 for reporting compliance.
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