Gujarat HC – After Abuse From Elder Son, Younger Son Gets Custody Of Octogenarian Parents

| Updated: August 4, 2022 9:28 am

Gujarat High Court has awarded the custody of the octogenarian parents to the younger son after the 86-year-old mother told the judge how the elder son was illtreating them. The mother was brought to the court in an ambulance and taken to the judge’s chambers in a wheelchair. The mother then narrated to the judge in detail the ill-treatment she and her husband had to face at their elder son’s place.

The order comes after the younger son, who lives in Vadodara, had filed a complaint and approached the court saying that he and his sisters were not allowed to meet their parents. The son explained that when they had attempted to meet or speak to their parents, the elder brother had filed an FIR against them.

During the case, heated arguments took place between the siblings and the issue of property claim was also raised. The younger son promised that he would not claim his share of the property if he was allowed to take custody of his parents. Enraged, the elder son too made the same claim. However, he later became furious and called his mother a ‘villain’.

The bench of Justice V M Pancholi and Justice S N Bhatt then ordered the immediate transfer of custody of the couple to the younger son. The judges said the elder son using such words for his mother “shook the conscience of the court”. The judges said that they could have given time for the transfer, but considering the extent of ill-treatment, the immediate transfer is important.
The court has also asked the two brothers to submit their undertaking regarding forgoing their property share within a week.

Furthermore, the judges also directed the younger son to make all the arrangements for his parents’ treatment. He is also supposed to be prepared with transportation and an ICU-on-wheels as well since the father is bedridden. The court also asked him to arrange for an attendant to look after his father. The younger son has promised to make all arrangements and bear the expenditure.

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