HC directs police to facilitate son's meeting with mother confined in house by step-children

The Delhi High Court on Monday directed the police to facilitate a man's meeting with his mother, allegedly detained in her house by her step-children.

A bench of Justices Hima Kohli and S Prasad, which conducted the hearing through video link, asked the man to go alone to meet his mother at her Burari residence. It ordered the area SHO to facilitate the meeting on May 6 from 11:30 am to 1 pm.

The court also sought the response of the Delhi police and the woman's three step-children on the man's habeas corpus plea seeking a direction to authorities to produce his mother.

A habeas corpus petition is filed for production a person who is missing or illegally detained.

The man has alleged in the plea that after the death of his father in February this year, the step-children forcibly entered the house.

"The petitioner (man) shall go to meet his mother at her residence alone. The SHO of the area shall ensure that neither the petitioner, nor respondents no.3 to 5 (step-children) create any nuisance or do anything provocative that may result in a law and order problem.

Delhi government standing counsel (criminal) Rahul Mehra told the court that on March 10, several complaints and cross-complaints were filed by the man, the biological son of the woman from her first marriage, and her three step-children.

He said the fulcrum of the dispute between the parties hinges on the residential premises in Burari's Keshav Enclave, which was owned and occupied by their parents till their father's death.

The step-children were residing elsewhere but after the demise of their father, they forcibly entered the residential premises, he claimed, adding that due to an altercation between the parties, the local police had to intervene and take preventive measures.

The counsel told the court various PCR calls have been received relating to their quarrels and the last one was on April 23 by the man's mother who complained that she was being forcibly confined in her house by her step-children.

It was submitted that the police had tried to stop the quarrel between the parties but the gate was not opened and after some time, they managed to open the lock and the police officials found that the step children were allegedly creating a ruckus and the parties were calmed down.

The man's counsel also told the court that when his sister tried to deliver medicines to their mother, she was allowed to meet her after strong resistance and now even he was being prevented from meeting her.

He said advance copies of the petition were served to his step siblings but they deliberately kept away from the proceedings.

The court listed the matter for further hearing on May 20.