The Bombay High Court has issued a series of directions to ensure the medical care and protection of an elderly patient, after finding that her son had failed to cooperate with her transfer from a private hospital.
Hearing a petition filed by the Bandra Holy Family Hospital Society, the Court directed the respondent-son to ensure that his mother is discharged and shifted to the ICU of Bhabha Hospital, Bandra, by 9:00 a.m. on 18 November 2025, under his supervision and in coordination with the government medical team. The son has been made liable to pay all shifting charges, medicines, consumables and treatment expenses in accordance with Bhabha Hospital’s policy for weaker-section or CGHS-rate patients, whichever is lower.
The Bench made it clear that failure to comply would amount to “exposure and abandonment” of the patient, in which event the State must immediately take her custody and shift her to the Bhabha Hospital ICU or another appropriate government facility. The Court directed that the transfer, if undertaken by the State, must be medically supervised, with government doctors accompanying the patient.
Recognising the vulnerability of the senior citizen, the Court invoked the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, directing the authorities to act on the hospital’s complaints. The Maintenance Tribunal has also been asked to take appropriate steps regarding ₹1,00,000 deposited earlier by the son in compliance with a prior Court order.
The Court further issued stringent protective directions: the son is prohibited from dealing with any of his mother’s movable or immovable property, including her Bandra residence, without prior leave of the Court. He must also file an affidavit within one week disclosing all her properties as well as any assets under his use, possession or knowledge.
While permitting the petitioners to pursue recovery of outstanding dues through appropriate legal remedies, the Court disposed of the writ petition in the terms of its directions and posted the matter for the report of compliance to be submitted on 24 November 2025.
Appearances
Petitioners: Mr. Pradip Chavan with Adv. Yogesh Naidu, Adv. Wesley Menezes, Adv. Sabiya Kazi, instructed by Adv. Anukul Seth and Adv. Delilah Jeffeerey.
State: Dr. Birendra Saraf, Advocate General, with Smt. M.M. Deshmukh, Acting PP, and Mr. Ashish I. Satpute, APP.
Respondent No.3: Adv. Gauri Joglekar, instructed by Meraki Legal.
