HC lambasts man for abandoning ailing mother in hospital

Mumbai, Nov 19 (PTI) The Bombay High Court has come down heavily on a city resident for abandoning his ailing and hospitalised mother, stating that it was a "very unfortunate and sad situation" and "unpardonable".

A bench of Justices A S Gadkari and R R Bhonsale noted in the order passed on Monday that the case shocked its conscience, and struck an emotional chord.

The 76-year-old woman was admitted to the Bandra Holy Family Hospital in August this year by her son. Medical examination showed she was malnourished and had suffered a stroke.

As per the hospital, her son, after making initial payments, refused to pay citing medical negligence. He also refused to take her home or shift her elsewhere, the hospital alleged, adding that the outstanding bill was about Rs 16 lakh.

In its petition before the high court, the hospital said it was taking care of the woman since August, but now she was stable and could be discharged, hence the appropriate authorities be directed to shift the woman to her residence.

In its order, the judges said the son's conduct -- refusing to take her discharge, failing to clear even undisputed bills and leaving the courtroom after declining to give an undertaking to take care of his mother -- indicated a clear case of abandonment.

"This conduct is not that of a prudent person or responsible son," the court said.

The bench ordered the son to shift his mother to the civic-run Bhabha hospital and to pay for the charges there.

If he failed to do so, the State must take custody of the woman and shift her to a government hospital, the court said.

The judges noted that the family's flat was in the woman's name, hence, it prohibited the son from dealing with any of his mother's properties without the court's prior leave, and ordered him to file an affidavit within a week detailing all her assets. PTI SP KRK