Woman, 76, approaches HC to help fulfil terminally ill husband’s dying wish

Alka Shetye, 76, seeks Bombay HC permission to fulfill husband's dying wish: visit ancestral home in Pen to pray and see grandson amidst family dispute.

Mumbai: Alka Shetye, a 76-year-old resident of Raigad, has approached the Bombay high court seeking permission to help fulfil her terminally ill husband’s dying wish: a visit to their ancestral home in Pen to pray and see their grandson one last time. The petition underscores a bitter family dispute involving the Shetyes’ daughter-in-law, Sonali Shetye, who has allegedly denied them permission to visit the ancestral home, where she stays with her husband and son. The petition also alleges abandonment under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

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The high court, after a brief hearing on Thursday, directed Alka Shetye’s counsel to formulate a plan for the ancestral home visit and asked Sonali Shetye to suggest a date for the same.

The Shetyes’ family saga began with the marriage of their son, Siddharth Shetye, to Sonali in 2010. Initially living together in the ancestral home in Pen, discord eventually crept into the relations between the two couples. The situation escalated to the point where Alka Shetye and her husband were allegedly forced out of their home by Sonali Shetye in May 2020. Despite the strained relationship, the elderly couple initially managed to maintain contact with their grandson, Alakh, until June 2023, when Sonali allegedly cut off all access.

The family’s troubles took a devastating turn in August 2023, when the petitioner’s husband was diagnosed with signet cell carcinoma, a severe form of cancer. After enduring extensive treatments and surgeries, his condition deteriorated, leading to his placement under palliative care on May 15, 2024. His dying wish is to return to his ancestral home to pray and see his grandson one final time.

However, Sonali allegedly denied her parents-in-law entry to the house, prompting the couple to seek help from the Pen police earlier this month. When no assistance was forthcoming, Alka Shetye turned to the Bombay high court for relief.

Shetye argued that fulfilling her husband’s dying wish would not harm Sonali, and denying it would be a grave injustice to a senior citizen in his final days. The petition also cites section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, which stipulates punishment for those who abandon senior citizens. The penalties can include imprisonment for up to three months, a fine of up to ₹5,000 or both.

The petition also states that despite the offences committed under the Maintenance and Welfare of Parents and Senior Citizens Act, Shetye has refrained from filing any prosecution “to save her son’s marriage”. Shetye’s legal counsel, Advocate Swapana Kode, has requested the court to grant the couple permission to visit their ancestral home and meet their grandson under specific terms and conditions set by the court.

The court will hear the matter next on May 31.