Kerala High Court Reunites Senior Couple Separated by Son

The Kerala High Court recently made a compassionate decision to reunite an elderly couple who had been separated due to the husband’s dementia. The heartwarming case unfolded when an 80-year-old woman sought the court’s intervention to bring her 92-year-old husband back into her care. The husband had been taken away from their family home by their son, who believed it was necessary to care for his father due to his dementia.

Justice Devan Ramachandran presided over the case and emphasized the sacredness of marital vows, stating, “Till death do us part.” The judge’s intervention paved the way for the elderly couple to be reunited at their family home.

The son had taken his father away from the family home, asserting that his mother was too frail and elderly to provide the necessary care for her husband. The son also cited a dispute with neighbors as a reason for not staying at the family home.

The mother, in her petition to the High Court, expressed her reluctance to live with her son, fearing potential mistreatment based on past incidents.

Reports from a social justice officer and the local police shed light on the husband’s happiness when he was with his wife. The wife had made it clear that she wanted to live with her husband at the family home, and the reports reinforced her preference.

The government pleader confirmed that the police had found no threats from the neighbors and expressed their readiness to take the necessary steps to ensure the family’s safety.

The son, appearing in person before the Court, contested the reports, suggesting that they had been manipulated to favor his mother. He argued that he was the most suitable person to care for his father, especially given that his mother was unwell.

However, the Court ruled that the son could indeed care for his father within the family home. The High Court’s directive was for a social justice officer to accompany the senior citizens to their home, visiting them weekly and filing monthly reports.

The Court also clarified that the son could visit the family home as long as it aligned with his mother’s wishes. The son was also granted the option to seek police protection should he perceive any threats or potential issues.

The case is set to be heard again on November 13, and Advocate Ramkumar Nambiar will continue to assist the Court as amicus curiae, providing valuable insights and expertise.

This heartwarming case underscores the importance of familial bonds, compassion, and the rights of senior citizens. It serves as a reminder of the reverence attached to marriage and the sanctity of the commitment of “till death do us part.” The Court’s decision showcases the legal system’s role in safeguarding the well-being and happiness of senior citizens, particularly in situations where dementia is a concern.

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