Bombay, November 28: In a significant verdict, the Bombay High Court said than a man who mistreats his mother must leave her house immediately. Uphelding senior citizen tribunal court order, Bombay HC rejected the son's challenge to the tribunal's and ordered him to vacate flat number 1301 in Mumbai's Sampada Heights. The mother in her case alleged that the son was an habitual drinker who would mistreat her and stole money from her. The High Court, however, exempted the son from paying a monthly allowance of Rs, 1,500 to his mother.
According to Times of India, Shailesh Chavan, the lawyer representing the son argued that he has always taken care of his mother. He said that the son has been living in the flat with his wife and two minor children had no other place to stay. To this, the mother's counsel S S Redekar said that the son in front of the tribunal court admitted of owing a single-bedroom-hall-kitchen flat. Redekar cited that tribunal court had also took in notice the fact that the son is an alcoholic and misbehaved with his mother on various occasion. Child Needs Love and Affection of Both Parents, Father and Mother Cannot Be Branded As Enemy, Says Bombay High Court.
Bombay HC Justice Sandeep Marne observed that the son's primary claim of not having an alternate residence for him and his family does not hold ground. He stated that this argument seems to be "factually inaccurate". "The fact that maintenance tribunal considered the petitioner's ownership of the flat in Shahapur when issuing the impugned order makes the contention about absence of other residence for petitioner stands rejected", observed the High Court. Pension Is a Basic Entitlement and Its Payment Cannot Be Denied, Bombay High Court Raps Maharashtra Government.
The son reportedly had relied on a will drafted by his mother on September 22, 2011 concerning a room in Hiraseth Aagri Chawl. Nevertheless, the chawl underwent redevelopment and a flat was received by the family in exchange as the permanent alternative accommodation. Justice Marne contended that the son can not challenge the will as the mother is still living and in such a case "no fault can be traced to the tribunal's order".
(The above story first appeared on LatestLY on Nov 28, 2023 02:48 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).