4 min readNew DelhiJul 8, 2026 11:02 AM IST
First published on: Jul 8, 2026 at 10:55 AM IST
The Madras High Court has allowed a woman to visit her 79-year-old mother who was unable to speak but indicated through a “thumbs-up” that she wished to meet her daughter. The order came in a plea alleging that the woman’s brother had removed their mother from a rehabilitation centre without consent and illegally detained her.
A bench of Justices A D Jagadish Chandira and R Poornima directed the police to verify the elderly woman’s medical treatment and caregiving arrangements while ensuring the daughter’s access to her mother.
“Keelambakkam Police Station informed that the alleged detenu is unable to speak and that she is able to respond only through gestures. We enquired…whether she is willing to go with her daughter and she expressed her willingness by showing ‘thumbs up’ and again when we asked…whether she is willing to stay with the third respondent for which she responded by showing ‘thumbs up’,” the July 6 order stated.
The petitioner said her mother, a resident of Madurai, was undergoing treatment at the Apollo Hospital there due to health issues. Based on medical advice, she was admitted to Poovanthi Institute of Rehabilitation and Elder Care, where her health improved.
Justices A D Jagadish Chandira and R Poornima allowed the woman to meet her mother after her brother allegedly denied access.
The petitioner said she worked abroad and took care of her mother through a caretaker and bore her medical expenses. She stated that her younger brother had filed a civil suit seeking partition, declaration of rights, and permanent injunction against her, their mother, and the legal heirs of their late brother.
The petitioner alleged that her brother removed their mother from the rehabilitation centre with an ulterior motive and against the doctor’s advice, and took her to Chennai where she was illegally detained. Advocate A Karthik, appearing for the petitioner, stated that she had travelled from America to meet her mother, but her brother did not allow it.
However, additional public prosecutor D Venkatesh, appearing for the brother, submitted that he had no objection to the petitioner meeting their mother.
Mother’s response, court’s directions
The court directed the additional public prosecutor to instruct the inspector of police, Keelambakkam Police Station, to visit the brother’s house and verify the mother’s condition. The inspector visited the house and produced the mother before the court through video conferencing. The court was informed that the mother was unable to speak and could communicate only through gestures.
When asked if she wished to go with her daughter, the elderly woman responded with a thumbs-up gesture. She gave the same response on being asked whether she wanted to continue staying with her son.
The judges said that considering the mother’s age and fragility, it did not intend to seek her physical appearance before the court. They directed the police to contact Apollo Hospital and Poovanthi Institute to confirm who was taking care of the mother and bearing her medical expenses all along, and stated that no order will be passed till then.
The court said the petitioner can visit her mother after informing the inspector of police, Keelambakkam, and the brother must allow it without creating any obstruction.
Unable to speak, the elderly woman responded with a thumbs-up gesture when asked if she wished to go with her daughter, the court noted. (Image generated using AI) 
Justices A D Jagadish Chandira and R Poornima allowed the woman to meet her mother after her brother allegedly denied access.
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