Till death do us part: Kerala High Court passes order to reunite senior couple separated by son

The Kerala High Court recently passed an order paving the way for an 80-year-old woman to reunite with her 92-year-old husband who was taken away by their son from the family house to care for him since he suffers from dementia [Shiju K Bhanu v The District Collector & Maintenance Appellate & Ors.].Justice Devan Ramachandran intervened in the matter after the wife knocked the doors of the Court with a plea to reunite with her husband, who she said had been unfairly separated from her by their son. ."Till death do us part," the judge remarked before ultimately issuing directions to reunite the couple at the family house..The High Court noted that as per reports filed by a social justice officer and the police, even though the husband suffered from dementia, "his company with his wife brings him happiness and he shared 'good moments with her.'".The senior citizen husband must never be denied this, the Court said."The right of the wife of the senior citizen – for his custody and consortium is inviolable and absolute. Her son ... can never deny this," the judge added..The couple's son claimed that he had taken his dementia-afflicted father to the house where he (the son) resides since his mother was too ill and old to take care of the father. The son added that he could not live with the father in the family house (where his mother lived) as the father and son had a dispute with some neighbours..His mother, meanwhile, moved a petition before the High Court seeking directions to reunite with her husband. The petition stated that she was not willing to live with her son in his house since she feared ill-treatment by him and his family due to certain instances from the past..Justice Ramachandran noted that the only reason why the son was not willing to stay in the family house was due to a fear of attack from neighbors whom he claimed to be in a dispute with..Government Pleader Vidya Kuriakose submitted that according to a report by a social justice officer, the senior citizen husband was happiest in the company of his wife. The husband had made it very clear that he wanted to stay with her at the family house, Kuriakose added. Kuriakose further submitted that according to the local police, there was no threat from the neighbours to the family. She also told the Court that the police were willing to take all steps necessary to ensure the family's safety..The son appeared personally before the Court and claimed that these reports were doctored to suit the interests of his mother. He alleged that his mother was acting under the dictates of his sister.He stressed that he was the only person who could take care of his father since his mother was also unwell.Therefore, he challenged an order passed by a senior citizens appellate tribunal to take his father back to the family home. He assured that his father was happy to reside with him. The son also told the Court that he was willing to take care of his mother if she was willing to shift to his residence. .The Court, however, opined that the son could take care of his father in the family house..The High Court proceeded to direct the social justice officer to accompany the senior citizens to the family house and to visit them every week. The officer was also ordered to file monthly reports.The Court clarified that the son is free to stay or visit the family house to be with his father subject to his mother's wishes. The son can also seek police protection if he anticipates any threats, the Court said. .The case will be heard next on November 13. Advocate Ramkumar Nambiar assisted the Court as amicus curiae..[Read Judgment]