A Single Bench of Rajasthan High Court comprising Justice Rajasekhar Mantha provided Police protection to an old mother aggrieved of harassment by her son and daughter-in-law.
Background
The petitioner was aggrieved by inaction on the part of the Dumdum Police Station in respect of a complaint of harassment by the son and daughter-in-law who were continuously harassing her in such old age.
Submissions Made
It was submitted that the son does not reside with the writ petitioner. There was serious matrimonial discord between the writ petitioner’s son and the daughter-in-law. It was stated that the daughter-in-law forcefully occupied some portions of the old Petitioner’s premises.
It was admitted that there were proceedings filed by the daughter-in-law inter alia for residence under the provisions of the Domestic Violence Act, 2005 which was since pending.
The complaint filed by the daughter-in-law against her mother-in-law (the petitioner) and her husband dated 31st December 2020 under Section 498 and 506 of the Indian Penal Code had been filed in the record. Other complaints filed by the daughter-in-law against the writ petitioner were under investigation.
It was brought on record that In so far as the husband’s complaint against the Section 341, 323, 506 of the Indian Penal Code dated 31st May 2021 are pending.
Order of the Court
Court took notice of the fact and appreciated that the writ petitioner had also filed proceedings before the Sub Divisional Officer, Barrackpore under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which has not been addressed to date.
The court directed the Sub Divisional Officer, Barrackpore to enter into the said complaint and pass appropriate orders under the said Act of 2007.
Considering the fact the parties are on bail, the Officer-in-Charge, Dumdum Police Station were ordered to ensure that there is absolutely no breach of peace in the area maintain strict vigil in the said premises and address any threat of peace immediately.
With the aforesaid observations, the writ petition was disposed of without any costs.
Case Details
Case Title: Radharani Saha v. The State of West Bengal and Ors
Bench: Justice Rajasekhar Mantha
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