Bombay High Court Disposes of Habeas Corpus Petition in Case of 94-Year-Old Induben Patel

Mumbai: The Bombay High Court has 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. The court noted that 94-year-old Induben Patel takes her own decisions, is free to move wherever she wishes, and is not averse to meeting her daughter Sudha Chowgule, family, relatives, and friends.

Chowgule has approached court stating her sister had detained their mother

A bench comprising Justices Revati Mohite-Dere and Gauri Godse disposed of the petition filed by Chowgule, who resides on the 26th floor of the Kanchanjunga Apartments. She had approached the High Court alleging that her sister, Jaya Patel, had illegally detained their mother, Induben, at Bella Vista bungalow on Peddar Road and prevented her or her family members from meeting her.

On March 21, the court appointed an advocate to meet Induben to ascertain facts and her wishes. Based on a report submitted by the lawyer, the High Court, on June 28, issued directions allowing Chowgule, her husband, children, and grandchildren to meet Induben at Bella Vista three days a week. However, Chowgule and her family could not meet Induben as she had gone to visit her cousin in Ahmedabad.

I am not being detained illegally: Induben

The nonagenarian subsequently filed an application stating that she was not illegally detained and that she had gone to Ahmedabad on her own.

The judges then interacted with Induben via video conferencing, during which she informed the judges that she was unaware of why she was brought to Ahmedabad. The bench noted in its detailed 25-page order: "She was made to believe that she was brought to Ahmedabad pursuant to court orders." It further added: "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."

The High Court then requested both sisters to submit their respective affidavits. Jaya Patel filed an affidavit on August 10, through advocate Jamshed Master, assuring that she "will not impose any decision on Induben and will not obstruct any visitor coming to meet her."

"In view of Induben's statements in her applications and the affidavit-cum-undertaking of respondent no. 1 (Jaya Patel), we do not see any impediment to anyone, including the 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, visit a doctor, as well as visit any of her friends and relatives," the High Court said while disposing of Chowgule's petition