In a strongly worded judgment, Justice AS Gadkari and Justice Ranjitsinha Raja Bhonsale of the Bombay High Court expressed deep concern over the distressing circumstances and abandonment of an elderly patient by her son. The court described the case as one that "shocks the conscience" and noted that the son clearly failed in his duty to take care of his mother.

Facts:

Mrs. Mohini Puri has been admitted to the Bandra Holy Family Hospital to the Emergency Department since August 2025. The court noted that it was "a very unfortunate and sad situation" where a frail 76-year-old woman lay in the ICU, without the emotional and moral support.

The hospital stated that the son had paid only ₹4.25 lakh of the ₹16 lakh outstanding medical bill, refused to discharge his mother, and even accused the hospital of medical negligence to avoid paying the dues. It further described his behaviour as extremely uncooperative and abusive, noting that he delayed critical procedures, threatened hospital staff, and failed to arrange a safe transfer for his mother. Even after being told that her prolonged stay in the ICU increased the risk of hospital-acquired infections, he neither took her home nor cooperated with the medical team.

Court’s Ruling:

Justice Bhonsale emphasized that "the conduct of a responsible son should be guided by empathy and duty" and criticized the son's actions for "abandonment" under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court remarked that "this conduct—refusing to take discharge, failing to clear undisputed bills, and leaving the courtroom after declining to give an undertaking—indicates a clear case of abandonment."

According to the judgment, Justice Ranjitsinh directed Respondent No. 3, Amit Puri, to ensure that his mother, Mrs. Mohini Puri, is discharged from Petitioner No. 2, the Bandra Holy Family Hospital, and transferred to the ICU at Bhabha Hospital, Bandra. The transfer must take place under his consent and supervision, with assistance from the hospital’s medical team, and must be completed before 9:00 a.m. on 18 November 2025. Respondent No. 3 is required to bear all expenses for the shifting, medicines, consumables, and treatment, at the rates applicable to weaker section/charity patients at Bhabha Hospital or at CGHS rates, whichever is lower.

If Respondent No. 3 fails to comply, such failure will be treated as abandonment of the patient, and the State Government shall take custody of Mrs. Mohini Puri and immediately shift her to the ICU of Bhabha Hospital, Bandra, or any other suitable Government hospital.

Furthermore, the court lambasted the police and the Senior Citizens Tribunal for their "inaction and lack of empathy," asserting that their failure "defeated the very purpose and object of the Act." The court also laid stress on the importance of the state’s constitutional obligation to uphold the right to health, citing that "the right to health and medical care is a fundamental right guaranteed under Article 21 of the Constitution of India." It reiterated that "the state has a duty under the Constitution to ensure health facilities and protect the dignity of senior citizens."

Justice Bhonsale’s order serves as a clear reminder that "abandonment of elders is a grave social and legal wrong," and the judiciary will not hesitate to intervene when such violations occur. The judgment also notes that “medical institutions, as guardians of health, have a duty beyond treatment—they must uphold the dignity and rights of the vulnerable.”

Justice Ranjitsinha Raja Bhonsale concluded by emphasizing that, in cases where family members fail in their duty to care for senior citizens, the state must inevitably step in to protect those vulnerable individuals. “If the Respondent No.3 is not willing or refusing to take responsibility and care of his ailing mother, the Government will step in to comply with its obligations of providing medical care and facilities to the patient’’.

Case Details: The Bandra Holy Family Hospital Society v. The State of Maharashtra, Criminal Writ Petition No. 5823/2025