The Single Judge Bench of Justice Rajasekhar Mantha of the Calcutta High Court in the case of Sri Asit Kumar Palit Vs The State of West Bengal & Ors held that the son and daughter-in-law have no right to torture their parents under the pretext of caring for them.
Brief Facts:
The factual matrix of the case is that the Petitioner, a senior citizen, claims that his son and daughter-in-law regularly assault him and do not care for him. The FIR was filed in accordance with Sections 341/323/325/506/34 of the Indian Penal Code, 1860, and Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Contentions:
The learned counsel appearing on behalf of the petitioner has contended that he is no longer at ease with his son and daughter-in-presence laws in the house. The petitioner's name is on the floor of the house.
The learned counsel appearing on behalf of the private respondents has contended that the petitioner and his wife are suffering from a mental ailment and are unable to take care of themselves.
Court’s Observation:
The Hon’ble Court held that the provisions of the Mental Health Act, 2017 impose a responsibility on the police, if necessary, to ascertain the mental health of a citizen and to take appropriate steps. That by itself, however, cannot confer any right on the son and daughter-in-law to effect torture on their parents under the garb of taking care of them.
Case Title: Sri Asit Kumar Palit Vs The State of West Bengal & Ors
Case No: WPA 22726 of 2022
Coram: Justice Rajasekhar Mantha
Advocate for the Petitioner: Mr. Wasim Akram, Mr. Syed Murshid Alam, Mr. Subrata Ghosh, Mr. Saidul Islam, Mr. Subrata Mukherjee, Ms. S.S. Yesmin
Advocate for the Respondent: Mr. Dhiman Ray, Ms. Nilanjana Dasgupta, Mr. Dip Chanda
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