Mumbai: The Bombay High Court has delivered a landmark judgment in favor of a senior citizen who was evicted from her own house by her son and daughter-in-law. The court has ordered the couple to vacate the house within 15 days and restore the possession and ownership of the property to the elderly woman.
The court has also expressed its concern over the plight of the elderly in India, who are often neglected and exploited by their family members. The court has observed that the breakdown of the joint family system has led to a loss of respect and care for the senior citizens, who are entitled to a dignified and peaceful life.
The court has also cited the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which aims to protect the rights and interests of the elderly and to ensure their welfare and well-being.
Who are the parties involved?
The case was filed by Lakshmi Chandanshive, a 68-year-old widow, who owns a house in Mulund, a suburb of Mumbai. She lives on a monthly pension of Rs. 10,000 and has two sons, Dinesh and Prakash.
According to Lakshmi, after her husband died in 2015, her younger son Dinesh and his wife Sneha visited her and stayed in her house without her consent. They started harassing her and demanding money from her. They also threatened to kill her if she did not transfer the property in their name. They forced her to leave the house and locked it from inside.
Lakshmi then moved to Thane, where her elder son Prakash lives. She filed a complaint against Dinesh and Sneha with the Senior Citizens Maintenance Tribunal, which ordered them to vacate the house and pay her a monthly maintenance of Rs. 5,000.
However, Dinesh and Sneha challenged the order in the Bombay High Court, claiming that they had invested money in renovating the house and that Lakshmi had given them the house as a gift.
What is the verdict of the court?
The Bombay High Court dismissed the appeal of Dinesh and Sneha and upheld the order of the tribunal. The court said that there was no evidence to prove that Lakshmi had gifted the house to them or that they had spent money on the house. The court also said that Lakshmi had the sole right to the house as per the law and that her son and daughter-in-law had no claim over it.
The court also said that Dinesh and Sneha had violated the rights and dignity of Lakshmi and had abused her physically and mentally. The court said that such behavior was unacceptable and punishable under the law.
The court also said that Lakshmi was entitled to live in her own house and enjoy her property without any interference or coercion from anyone. The court directed Dinesh and Sneha to vacate the house within 15 days and hand over the keys and documents to Lakshmi. The court also ordered them to pay the arrears of maintenance to Lakshmi and to continue paying her Rs. 5,000 per month.
