SUDHA CHOWGULE Vs. JAYA PATEL

JUDGEMENT

(1.) This petition is filed seeking a writ of habeas corpus for production and immediate release of the petitioner's mother- Mrs. Induben Patel ("Induben"), who, according to the petitioner, is illegally and wrongfully detained by respondent no. 1-Jaya Patel. The petitioner and respondent no. 1 are Induben's daughters. Induben is 93 years old and presently is residing at Bella Vista Bungalow (Bella Vista) where even the respondent no. 1, resides.

(2.) On earlier occasion, we interacted with Induben through video conferencing. We have also interacted with the petitioner and respondent no. 1 in chamber. We were required to pass various orders permitting the petitioner and her family members to meet Induben as respondent no. 1 was not permitting the petitioner to meet Induben. In view of the objections raised by respondent no. 1 certain conditions were imposed while permitting the petitioner and her family members to meet Induben. With an intention to bring about an amicable settlement between the petitioner and respondent no. 1 as regards meeting Induben, various suggestions were made by us to the parties. However, unfortunately, the petitioner and respondent no. 1 could not arrive at any amicable settlement.

(3.) There are several litigations between the petitioner and respondent no. 1 and their families with respect to property disputes. Both parties have made serious allegations against each other, however, we do not wish to go into the allegations made by the petitioner and respondent no. 1 against each other. Present petition is concerned with the grievance of the petitioner that the respondent no. 1 has confined Induben at Bella Vista and is obstructing the petitioner and her family members from meeting Induben.