Mumbai: Eliminating a 82-year-old woman from the “extreme harassment” of daughter and his son-in-law, the Bombay High Court directed the couple to empty the flat of Mumbai south in 10 days with their daughter.
“…
until the place emptied, the applicant will not cause any abuse to the old mother and will peacefully break away from that place,” said Justice Girish Kulkarni on its verdict on October 14 in the “Heart Rending process”.
Daughter and her husband have challenged the care and welfare of parents and orders senior tribunal citizens February 2021 to empty the 1.057-sq-ft apartment on the 16th floor of Rewa Apartments, Bhulabhai Desai Rd, Mahalaxmi.
The woman has two sons – one in the US, the other in Andheri.
After marriage, the daughter was allowed to stay with parents.
The Father died in July 2014 and the mother was cruelly tortured.
In November 2014, his daughter extracted a 42% prize deed of 50% of parts that were not divided from the mother in the flat.
Mother transferred the Court in January 2021.
The Putri Advocate, Vivek Walawarkar, argues that the court cannot revoke the actions of gifts or forward the eviction command.
Justice Kulkarni said the court had jurisdiction to order eviction to the facts and conditions of a case.
He agreed with Mother’s advocate, Simil Purohit, that from the alleged gift’s actions it was clear that the daughter was under the obligation to treat the mother and gift to consider the love of nature and affection.
When there is a violation, the court correctly declares Void transfer.
Justice Kulkarni said complaints before the court included the rejection of medicines, medical care and food.
“Even his cellphone was thrown into the toilet.
He was beaten in his stomach and legs hurt.
Thus, he was made unbearable,” he said.
He also said that all the tenor of the daughter’s case slapped greed to win the flat in the main location in the exception of his brothers and where he lowered his mother to be tortured.
Mother narrated “Horrendous fate from the hell of life he suffered at his own home.” “Therefore, it cannot be trusted that senior citizens like mothers in this situation must be allowed to suffer in such a way,” he wrote.
Justice Kulkarni said that when he spoke with Mother, “he practically broke down during a conversation”.
He told him that he intended to remain alone and that the deceased husband had left enough for him to survive with the help of caregivers.
“He stated that during his life, he had no intention of meeting his daughter and daughter-in-law with the grandson.
He, however, stated that the children could ask him but he had to be left alone to live in a place for his remaining life.”