This is a case of a son and a 72 years old mother.She was harassed by her son and daughter-in-law hence she claimed the eviction of the son and his family from the tenement owned by her for a peace of mind and to lead a normal life.
This case is an appeal against the order of the Tribunal passed in favour of the mother under the provisions of the Maintenance and welfare of parents and senior Citizens Act, 2007. In this case the son is living in the tenement of her mother along with his wife, son, daughter and her mother. On the complaint of the mother praying for maintenance and eviction of her son on the grounds of cruelty, the Tribunal passed an order directing her son and his family members to vacate the house.
The son challenged the above order passed by the Tribunal on the ground that the complaint was filed against the son only and not against the other family members by the mother. Therefore the order passed by the Tribunal is incorrect.
The son alleged that for the last several years he has been maintaining her mother but she kept on harassing him and his family by filing criminal complaints against them. Those were later dismissed for default. He also took the plea that his mother has been independently earning well thus could not seek relief against him under section 4 of the Maintenance and welfare of parents and senior Citizens Act, 2007. On the other hand the mother submits that because of the mental torture and continuous harassment even in between the proceedings her son caused her physical hurt because of which she was compelled to file the criminal complaint.
The Court was of the opinion that the complaints filed by the mother against her son under the provisions of the Protection of women from Domestic Violence Act, 2005 have been dismissed for default and not on merit. Court further stated that section 4 of the Maintenance and welfare of parents and senior Citizens Act, 2007 permits a senior citizen including a parent who is unable to maintain himself from his earning or out of the property owned by him and if such senior citizen is unable to lead a normal life to apply for such relief not only against his children but also the grandchildren.Further the court held that it is exclusively for the mother whether she wants to permit her son and his family to stay with her or not.Hence the Tribunal is fully justified in passing the order of eviction against the son and his family.
Monnishaa Mahajan, Principal Attorney at Legal Help NRI. Monnishaa has an experience of more than 15 years in assisting and advising NRI's in resolving their disputes in India.