The Supreme Court's division bench, which is made up of Chief Justice of India D.Y. Chandrachud and Justice Hima Kohli, dismissed a petition on Friday that asked for the issuance of a writ of habeas corpus because the petitioner's son is allegedly not receiving the proper medical care from his spouse. As requested in the petition, the Court declined to order the son to get regular checkups. While dismissing, it took note of the petitioner's argument that she filed the current petition under Article 32 of the Constitution because she truly worried for the welfare of her son, who had a stroke in 2020 and was in a wheelchair.
A Bench got up to talk to the son and his wife who were in the courtroom.
On April 13, 2004, the petitioner's son was married. He currently lives in NOIDA with his wife, while the petitioner resides in Faridabad. The son has two adult children with his marriage.
The petitioner had a stroke in April 2020 and was hospitalised at the Asian Institute of Medical Sciences in Faridabad for treatment, it was revealed to the bench during the conversation. He is receiving physiotherapy as he recovers from the consequences of the stroke he experienced while in a wheelchair. The wife claimed that she had made all of the arrangements necessary for her husband's prescription medication.
The Bench observed that there was tension in the relationship between the petitioner and her son and daughter-in-law on one side. However, the daughter of the petitioner was in contact with both her brother and sister-in-law. She recently paid a visit to the son of the petitioner for Rakshabandhan.
The Bench decided it was not appropriate to give any additional instructions in the matter after taking into account the couple's submissions. The Bench noted the following when the habeas corpus petition was concluded: "The Counsel for the petitioner submitted that the petitioner is willing to make all arrangements for treatment of the son if he desires to get medical attention. The same may be communicated to the second respondent through the daughter who is in contact with them. In the event such a request is made it is entirely on the second respondent and her spouse to decide whether to accept such an offer."
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