On 15th September 2021, the Bombay High Court Justice G.S.Kulkarni ordered a son and his family to leave the premises of his father’s flat after looking at the condition of his elderly parentsin the case of Ashish Vinod Dalal & Ors. v. Vinod Ramanlal Dalal & Ors.
The parents who are respondents 1 and 2, in this case, were dragged to the High Court by petitioner 1 and 2 who are the son and the daughter-in-law of the respondents after the order of the Maintenance Tribunal, against which the petitioners appealed in the High Court.
ORDER OF MAINTENANCE TRIBUNAL
The parents had to rely on the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as the petitioners were trying to illegally occupy the house where the parents were living and had allowed their son and his family to reside, besides this the son and his family were also responsible for torturing and harassing the old couple for various years.
The maintenance tribunal had provided them with relief by making a judgement in their favour.
FACTS ABOUT THE PROPERTY
The flat where the petitioner( son and his wife) and respondents (elderly parents) were living belonged to the father i.e. the respondent who gave it to his daughters through a gift deed. The sisters of the petitioner had allowed their parents to reside in the house because of their old age.
OBSERVATION OF THE HIGH COURT
The High Court while giving its judgement observed that this is a “classic case” where the petitioners are becoming an obstacle and hindering the elderly couple in leading a normal life.
Furthermore, the Hon’ble Judge held that the various legal proceedings that have transpired between the respondents and the petitioners are enough evidence that the parents have been suffering and have been harassed by their son and his family.
RATIONALE BEHIND THE JUDGEMENT
The Court held that the property is not ancestral and hence the petitioners do not have any claim on the said property as per the Succession laws.
Therefore, it was pronounced by the court that the petitioners do not have any legal right to reside in the premises of the parent’s house and doing so hinders their right to lead a normal life in their old age.
The Judge further observed in order to further substantiate the case that “Daughters are daughters forever and sons are sons till they are married” albeit there would surely be exemplary exceptions.”
ORDER OF THE COURT
The court ordered that the petitioners along with their families are required to vacate the premises of the respondent’s house within a period of ten days, otherwise they would be evicted with the help of police as ordered by the Tribunal previously.