Bombay High Court Intervenes in Senior Citizen Abandonment Case

Court Directs State to Protect Abandoned Mother's Rights and Welfare

In a landmark decision, the Bombay High Court has issued directives to safeguard the rights and welfare of a senior citizen who was abandoned by her son. The court's judgment comes in response to a petition filed by the Bandra Holy Family Hospital Society, highlighting the neglect faced by Mrs. Mohini Puri, a 76-year-old mother left unattended by her son, despite her critical medical condition.

On November 17, 2025, Justices A.S. Gadkari and Ranjitsinha Raja Bhonsale presided over the case, expressing shock and concern over the son's failure to fulfill his responsibilities towards his ailing mother. The court noted that Mrs. Puri was admitted to the hospital in a malnourished state, diagnosed with a serious cerebral infarct, yet her son, despite being financially capable, refused to discharge her or pay the outstanding medical bills amounting to Rs. 16,00,000.

The hospital's petition sought intervention to ensure Mrs. Puri's welfare and secure her property, emphasizing her rights under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court recognized the son's conduct as neglect and abandonment under Sections 24 and 25 of the Act, which criminalizes such behavior.

The judgment underscored the fundamental right to life, including health and medical care, as integral to Article 21 of the Indian Constitution. It emphasized the government's obligation to provide health facilities and ensure dignified living conditions for all citizens, including the elderly.

The court directed the State Government to admit Mrs. Puri to a government hospital, with all medical expenses covered by the state. It further instructed the Maintenance Tribunal to protect and manage her properties to ensure her welfare, prohibiting her son from dealing with her assets without court permission.

Highlighting the broader implications of the case, the court called for a liberal interpretation of welfare legislation, ensuring the protection and maintenance of senior citizens. The judgment serves as a significant precedent, reinforcing the legal and moral obligations of family members towards elderly parents and the state's role in safeguarding their rights.

The case has sparked widespread discussion on the societal responsibility to care for the elderly and the enforcement of laws designed to protect them. The court has scheduled a compliance report for November 24, 2025, to ensure the directives are implemented effectively.

Bottom Line:

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Abandonment of senior citizen by son - Conduct of son amounts to neglect and abandonment of ailing mother under Sections 24 and 25 of the Act - Directions issued for shifting the patient and securing her property for welfare.

Statutory provision(s): Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Sections 24 and 25, Constitution of India Article 21, Rights of Persons with Disabilities Act, 2016 Sections 2(s) and 2(za).

Bandra Holy Family Hospital Society v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2810247