Neglecting a senior citizen by a child is a legal abandonment under statutory obligations, invoking the state's duty to provide care and protection.

JUDGMENT

[Per : RANJITSINHA RAJA BHONSALE, J] :-

1) This is a case which shocks the conscience of the Court and strikes an emotional chord as the Court is called upon to look into a matter, where a son has failed to look after and care for his own ailing mother and instead, thought it appropriate to give precedence to raise and pursue legal remedies. A very unfortunate and sad situation has arisen, where a frail and ailing 76 years old mother/patient is left under the care of a hospital, neglected by an able son on the purported basis that, the treating hospital is allegedly guilty of medical negligence. The mother remains alone, under the care of the Hospital, deprived by the son of emotional and moral support which is most required by parents/senior citizens, when indisposed.

2) On 24^th August 2025, Mrs. Mohini Puri, a 76 years of lady and mother of the Respondent No.3, was admitted by the Respondent No.3 to the Emergency Department of Petitioner No. 2 hospital, for imbalance and weakness. On the initial examination, it was revealed that, the patient having height of 5 ft weighed only 45 kgs which was indicative of mal-nourishment. The patient was diagnosed with acute right middle cerebral artery (MCA) territory infarct with mass effect of the right lateral ventricle. The Petitioner No. 2 Hospital has been taking care of the medical needs of the patient since August 2025. The Respondent No.3 after making initial payments, on the ground of medical negligence has refused and failed to make the balance payment of the medical bills and also refused to take discharge of his mother/patient from the Petitioner No.2 Hospital. The outstanding bill, as contended to be payable is about Rs 16,00,000/ -.

3) In this background, the Petitioners interalia seek appropriate writ, order or directions to the Respondent No.1 i.e Senior Police Officer, Bandra Police Station to take charge of the patient Mrs. Mohini Puri and shift her to her own residence. The Petitioners seek directions to the Respondent No.1 and Respondent No.2/Senior Citizens Tribunal to take steps as permitted and in accordance with the law.

4) The Petitioner No.1, The Bandra Holy Family Hospital Society is a Public Charitable Trust which runs and administers the Petitioner No.2 i.e. The Bandra Holy Family Hospital (Hospital).

SUBMISSION OF THE PETITIONERS

5) Mr Pradip Chavan, the learned Advocate for the Petitioners, submitted that: -

5.1) On 24^th August 2025, Mrs. Mohini Puri (patient) was admitted by her son i.e Respondent No.3 in the Petitioner No.2 Hospital. The patient, was in malnourished condition, extremely weak and weighed only 45 kgs.

5.2) The Respondent No.3 has only paid an amount of Rs. 4,25,000/-, and an amount of Rs.16,00,000/- is due and payable to the hospital. The Respondent No.3 has refused to take discharge and take the patient/his mother to her own house. Respondent No.3 with view to avoid making payments of the balance amount of Rs.16,00,000/-, raised untenable/baseless allegations of medical negligence against the Petitioner No.2 Hospital.

5.3) The Respondent No.3 has at all times been un-cooperative, extremely difficult with the treating doctors, nurses and support staff. Respondent No.3 since the first week of October, 2025, avoided dialogue and continued to make false/baseless allegations including that of medical negligence against Petitioner No.2.

5.4) The patient was appropriately monitored, managed, treated and cared by Doctors and para-medical staff of the Petitioner No.2 and was stabilized. Health and condition of the patient improved to such an extent that by 4^th October 2025 she did not