Present George In Court On July 5, High Court Tells His Wife
Mangalore Today News Network
New Delhi, June 30 : The Delhi High Court on Thursday asked the wife of ailing former Union Minister George Fernandes to present the veteran socialist leader before it on July 5 to decide the custody battle between her and his brothers.
The court directed Leila Kabir to produce the 80-year-old politician as "it wants to ascertain what he wants".
"The person who, due to some incapability, was not able to be heard, the court wants to know what is in his mind to settle the issue," Justice V K Shali said directing Kabir to present Fernandes in the court at 4 PM on July 5.
The court was hearing the petition filed by Fernandes’ brothers Richard and Michael seeking custody of their brother alleging that the former minister, who is suffering from Alzheimer’s disease, is not being properly treated by his wife.
The judge said he was concerned about the health of Fernandes. "I am not on the legal dimension of the case. My concern is only about his health," Justice Shali said.
The high court also asked the two sides to find out a lawyer who knows Konkani language so that he can help translate Fernandes’ statement. The order in this regard was passed after the court was told that Fernandes speaks in English as well as in Konkani language with his brothers.
The brothers of the leader also sought the court’s permission to shift him to his official residence at 3, Krishna Menon Marg from the Panchsheel Park residence of his wife.
This was objected to by Kabir’s lawyer Aman Lekhi who said Fernandes was being treated at a private hospital in south Delhi and there was no need to shift him to his official residence. The brothers of Fernandes on Thursday filed a fresh application seeking constitution of a medical board to ascertain his condition.
They also wanted a local commissioner to be appointed to ascertain the wish of Fernandes which was objected to by Kabir’s lawyer who alleged that the brothers have not met him for a month.
The family members of socialist leader are fighting a legal battle for getting his custody. His brothers have alleged that Kabir was not allowing them access to the veteran leader. They also alleged that she was staying separately from Fernandes for the past 25 years and had now come back to him as she was eyeing his property.
Countering the allegations, Kabir alleged that the suit was filed at the instance of Fernandes’ close aide Jaya Jaitley. She said the brothers stayed outside Delhi and had never visited the former minister. She claimed that the property worth crores of rupees was the motivating factor for them to be here.
Earlier, the court had asked the warring family members to resolve their differences and provide best medical treatment to the leader.
The counsel for both the parties had agreed to the court’s suggestion to sit together to find out a solution but they failed to come to an amicable settlement.
Fernandes’ brothers, Jaya Jaitley denied entry to George’s house
Jaya Jaitley, a close aide of former defence minister George Fernandes, Wednesday alleged that she and Michael Fernandes were denied entry to his official residence where they had gone to pick up some office material.
Jaitley, who reached the 3, Krishna Marg house of Fernandes around 12.30 p.m., was later joined by two brothers of Fernandes - Michael and Richard - who too alleged they were denied entry into the house. The two brothers later staged a protest outside Fernandes’ house.
Jaitley said she had a letter from Fernandes’ wife Leila Kabir to collect her office material from the house. ’I have a letter from Laila to collect belongings such as books, handicrafts and my mother’s old furniture. But they say I cannot enter with my staff,’ Jaitley said.
’I want to take my stuff honourably. I don’t know why are they doing this. People who have occupied the house cannot tolerate those who loved him (Fernandes). When he was there, gates were always open. Anyone could visit,’ she said.
’
The ailing socialist leader is now living with his wife Leila in her rented apartment in Panchsheel Park in the city.
’For 27 years, she never was there near during his operations. She never asked who was Mr. Fernandes’ doctor,’ she said.
Michael Fernandes said that he had visited the house countless times over the past years but had been denied entry by the caretakers.
’There are some 70-year old family pictures in the house which we want to take with us,’ he said, adding that they had been denied entry at ’the behest of Leila Kabir’.
He said they were told that the residence was now a party office but he had spoken to Janata Dal-United leader Sharad Yadav who denied knowing any of the caretakers.
Police officials present at the house said that Jaitley had permission to go to the house alone to collect her belongings.
The veteran socialist leader has been suffering from Alzheimer’s for the past couple of years and is rarely seen outside. He lives with his estranged wife, Leila Kabir, at a private house in South Delhi.
His brothers have been locked with Kabir over George’s property, which is believed to be more than 20 crores.
Both brothers had on June 9 approached the Delhi High Court for early disposal of the case in view of Fernandes’ deteriorating condition. Richard and Michael have been fighting a legal battle with his wife for custody of the ailing former defence minister. They had on June 9 approached the Delhi High Court for early disposal of the case in view of Fernandes’ deteriorating condition.
The fiery socialist giant killer, now 80, finds himself mired in a messy family row in the winter of his life.