Kerala HC allows 80-yr-old woman to be reunited with 92-year-old husband suffering from dementia

The 80-year-old petitioner argued that her husband was “happiest when he is in her company at the family house” and that he was being detained by their son at home where he lived like a “destitute”

Kochi: The Kerala high court recently allowed an 80-year-old woman to be reunited with her nonagenarian husband who was suffering from dementia, observing that the right of the wife of a senior citizen for his custody and consortium is “inviolable and absolute”.

A single bench of the Kerala high court, in a ruling on October 6, accepted the writ petition filed by the 80-year-old woman to be reunited with her 92-year-old husband who she claimed was detained by their son at his house. (HT Archives)

The single bench of Justice Devan Ramachandran, in a ruling on October 6, accepted the writ petition filed by the 80-year-old woman to be reunited with her 92-year-old husband who she claimed was detained by their son at his house.

The court also dismissed a writ petition filed by the couple’s son challenging an order of the Maintenance Appellate Tribunal which had directed that the 92-year-old be taken to his family house at Neyyattinkara where he can live with his wife. The son had argued before the high court that his father, who suffered from dementia and other ailments, cannot be taken care of by his mother who was at an advanced age as well. He said he cannot stay at the family house in Neyyattinkara due to some threats from the neighbours there.

The 80-year-old petitioner argued that her husband was “happiest when he is in her company at the family house” and that he was being detained by their son at the latter’s home where he lived like a “destitute”.

The judge, after hearing the petitioner and respondents, relied upon the reports submitted by the district social justice officer as well as the state director general of police before making the ruling.

The court observed, “Even being dementia-afflicted and his memories fading, the senior citizen clearly finds solace with his wife -- as the social justice officer puts it in his report, “they shared good moments.” He must never be denied this.”

The right of the wife of the senior citizen for his custody and consortium is inviolable and absolute. Her son can never deny this, it said.

The court allowed the couple’s son to stay at or visit his family house to be with his father subject to his mother’s wishes.