Delhi High Court Allows Daughter Longing To See 90-Yrs-Old Mother To Meet For 10 Minutes

The petitioner-daughter had filed the petition stating that her mother was initially residing with her. However, sometime back, her brother had taken their mother to reside with him.

Allegedly, he had assured that their mother would be dropped back in a few days.

During proceedings before the court, an Inspector from Police Station Krishna Nagar appeared with the Standing Counsel for Delhi Police and apprised that he had visited the petitioner’s mother. During interaction with her, he had statedly found that she was living comfortably and willingly with her son.

The court perused a video-recording of the said interaction.

At this point, the petitioner pointed out that her mother is 90 years old. She beseeched the court to allow her to meet her mother once.

The court noted that it did not have power to direct the petitioner’s mother to meet her. However, taking a sympathetic view, it was ordered:

“…since she is a daughter and considering that the mother has not said anything against her and has also not denied meeting her, therefore, we hereby dispose of the present writ petition by giving direction to the abovementioned Inspector that he shall take the petitioner to the house of her brother … to meet her mother”.

A date and time for the meeting were fixed. The court added that if the petitioner’s mother wished to accompany her daughter, she would be at liberty to do so.

Earlier this year, a Division Bench of the Bombay High Court had also granted similar relief to a 93-year-old woman’s daughter in a case of alleged wrongful detention by the woman’s other daughter.

Mr. Deepanshu Goswami, Advocate appeared for the petitioner with petitioner in person

Mr. Sanjay Lao, Standing Counsel (Crl.); Mr. Priyam Agarwal, Mr. Shivesh Kaushik & Mr. Abhinav Kr. Arya, Advocates; and Insp. Arjun Singh PS Krishna Nagar appeared for respondent(s)

Case Title: Seema v. State Govt. of NCT of Delhi and Ors.

Citation: 2023 LiveLaw (Del) 1061

Case Number: W.P.(CRL) 3218/2023