HC disposes of habeas corpus plea over Kanchanjunga building family head

The Bombay High Court dismissed a petition filed by Sudha Chowgule, seeking her mother's release from alleged illegal custody by her sister. The court found that the mother was free to make her own decisions and meet with Chowgule and her family members.

MUMBAI: The Bombay high court on Friday disposed of the habeas corpus petition filed by Sudha Chowgule, daughter of businessman Parmanand Patel whose family built the iconic Kanchanjunga Apartments at Kemps Corner, seeking orders to get her 94-year-old mother Induben Patel released from alleged illegal custody of her sister, Jaya Patel.

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The division bench of justice Revati Mohite Dere and justice Gauri Godse disposed of Chowgule’s petition after noticing that Induben was taking her own decisions and was free to move wherever she wished and was not averse to meeting Chowgule, her family members, relatives and friends.

Chowgule, who resides on the 26th floor of the Kanchanjunga Apartments, had moved the high court contending that her mother was illegally and wrongfully detained by Jaya Patel in Bella Vista bungalow at Peddar Road and did not let her or her family members meet Induben.

After filing of the petition, on March 21, 2023, the court appointed an advocate to meet Induben to ascertain facts and her wishes. After the lawyer submitted her report, the court had on June 28 passed an order allowing Chowgule, her husband, children and grandchildren to meet Induben at Bella Vista three days a week.

The court also said that when they interacted with Induben through video conferencing, she had told the judges that she was unaware as to why she was brought to Ahmedabad. “She was made to believe that pursuant to court orders she was brought to Ahmedabad,” the bench said. The judges added that “some of the averments made in the said (Induben’s) application were contrary to what was disclosed by Induben to us during our interaction with her through video conferencing.”

After the court suggested the litigating sisters file their respective affidavits, on August 10, Jaya Patel filed an affidavit assuring the court that she “will not impose any decision on Induben and will not obstruct any visitor coming to meet her”.

“In view of what is stated by Induben in her applications and the affidavit-cum-undertaking of respondent no. 1 (Jaya Patel), we do not see any impediment to anyone, including petitioner (Chowgule) and her family members from meeting Induben at Bella Vista or any other place where she resides or from accompanying her to step out of Bella Vista for a drive/go out for lunch or dinner or visit a doctor, as well as visit any of her friends and relatives,” the court said.