KOCHI: The Kerala High Court has come to the rescue of an octogenarian wife, who has been driven to knock on the doors of the court to get the company of her dementia-afflicted husband, allowing her to live with her nonagenarian husband at her family house at Neyyattinkara.
The wife, Kameela, in her petition, submitted that her husband had been unfairly taken away by her son to his house and detained. She sought to allow her to live with her husband, and the enforcement of the order of the Maintenance Appellate Tribunal directing him to take his father to his family house to live with her. The wife contended that the husband was the happiest man when he was with her at the family house.
Justice Devan Ramachandran observed that the wife of a senior citizen has the absolute and inviolable right to have the custody and company of her husband during the winter years of their lives. It held that the son has no right to keep his parents away from each other.
The Social Justice Officer, who was accompanied by a competent team, had found on personal interaction that though he is suffering from dementia, his company with his wife brings him happiness and that he shared “good moments with her”.
The court directed the Social Justice Officer to accompany the senior citizen to his family house at Neyyattinkara, forthwith. If there should be any obstruction, the Social Justice Officer can seek the help of the station house officer of the local police station, and the authorities will be obliged by law to provide all necessary assistance for this purpose.
The court ordered that the son is also at liberty to stay at or visit the family house at Neyyattinkara to see and be with his father subject to his mother’s wishes.
The court also considered another petition filed by the son challenging the order issued by the Maintenance Appellate Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 directing him to take him to his family house.
He submitted that he could not stay at his family house due to some threats from the neighbours. According to him, his father does not want to live with him. He was the only person who could take care of his father, especially because his mother was also old and unwell.