On Friday, the Bombay High Court disposed of a writ petition filed by a 70-year-old mother against her daughter seeking her eviction from their residential flat allegeing that she tortured her mentally as well as physically.

The daughter after receiving Court's warning in the previous hearing, has now filed an undertaking stating that she will be evicting the flat along with her son within next eight weeks.

The put forth the example of Shravan Kumar story from Ramayana and stated:

"Our country has always been proud of progeny like Shravan Kumar, who to fulfill the wish of his poor, blind and ageing parents, took them on a pilgrimage by carrying them on his shoulder in two baskets put on either side of the bamboo stick, and whilst trying to collect water on his way from a stream, to quench the thirst of his parents, became a target of King Dashrath's arrow. It is unfortunate that in the last several years Courts are repeatedly witnessing, old parents knocking at its doors, in the twilight years of their lives seeking redressal of their grievances against their children. This inter alia promoted the Parliament to enact ‘The Maintenance and Welfare of Parents and Senior Citizens Act, 2007’ with efective provisions to ensure the protection and welfare of the parents and senior citizens by their children / legal heirs."

CASE DETAILS

The petitioner's mother has previously filed an application under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before Sub Divisional Officer, Maintenance Tribunal for Parents and Senior Citizens seeking Sarita's eviction from the said Flat.

However pertaining to Lockdown, the Tribunal wasn't available to decide on her application and thus she moved on to file the present writ petition.

It has been alleged by the petitioner that her daughter Sarita, a divorcee is forcefully residing in her flat with her son. She submitted that she tortured her and even took control of her bank accounts forcefully.

The Court, after finding substance in her contentions and claims concluded that she seriously apprehended mental and physical harassment at the hands of Sarita and thus issued stern warning to Sarita and her son that if any further complaints from the petitioner received about harassment, then both of them will be restrained from entering the flat in question.

The Court stated that if children cannot take care of their parent/s and allow them to live in peace, they at least ought not to make their life a living hell.

On the other hand, the respondent argued that her mother was overreacting at the instance of her younger sibling who has come to India temporarily from Singapore with her family.

The Court noted that despite the June 5 order, the petitioner mother hasn't started residing in the said flat and refuting the allegations of her daughter, made an offer to allow Sarita and her son to reside in one of her other flats if she agreed to vacate the said fat as she desires to reside in the said flat herself peacefully.

Following that, Sarita and her son filed an undertaking declaring that they shall be vacating the flat in dispute.

Accepting the same, the Court said that if Sarita and her son are unable to find premises on leave and license basis within a period of 8 weeks from today, the petitioner shall allow them to reside in her other flat until they find a premises of their choice on leave and license basis.

The Court concluded that none of the allegations made by the petitioner mother and her daughter against each other stand established and directed both parties not to publicise any allegations against  in any manner whatsoever including but not limited to correspondence, social media, newspapers, etc.

The order has been delivered by Justice N.R.BORKAR and Justice S.J.KATHAWALLA on 19-06-2020.

Read Order Here:

 

 

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