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Legal

Updated on: Friday, December 17, 2021, 11:36 PM IST

FPJ Legal: Bombay HC orders uncaring son, grandson to vacate plush flat in Ghatkopar for octogenarian

Bombay HC | Photo: Representative Image

Bombay HC | Photo: Representative Image

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MUMBAI: The Bombay High Court on Friday ordered the son and grandson of an elderly widow to vacate a bungalow in Nashik and a flat in Ghatkopar as the duo had been harassing and torturing her instead of caring for her.

A single-judge bench of Justice Girish Kulkarni was hearing a plea filed by Jayesh Jhaveri and his son Abhimanyu challenging orders of the Senior Citizens Welfare Tribunal, which had asked them to vacate the plush flat in Ghatkopar.

According to Nirmala Jhaveri, 89, the duo had been constantly torturing her in a bid to usurp her immovable properties. She stated that she had been driven out of her flat, compelling her to take shelter at her daughter's house. Nirmala claimed the two kept harassing her, also causing problems to her daughter and her family. The octogenarian sought a peaceful life at her own house, which would only be possible in the absence of Jayesh and Abhimanyu.

Taking note of her ordeal, Justice Kulkarni, in his orders, said, “an ordeal of a senior citizen, who would be soon in her nineties, is the subject matter of the present proceedings. She says that the harassment caused to her, by her son and grandson, was such that she desired to end her life.”

“Looking at this case, one would surely perceive the perishing and deterioration of family and societal values inherent in our culture, beliefs, ideals and traditions that parents and elders are to be treated with highest respect, love and empathy. These values appear to have remained eclipsed in the present case on account of greed for property and money,” the judge added.

Justice Kulkarni further said that it was disheartening that at such an old age, when the only expectation of a senior citizen from the near and dear ones is of care, concern, affection and love, instead, what has been returned is harassment, wretchedness, suffering and abuse.

The bench then referred to the object of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which provides for more effective provisions for the welfare and maintenance of senior citizens as guaranteed under the Constitution of India.

“Senior citizens at their advanced age become helpless, more particularly, when confronted with an obnoxious and unpleasant situation, where greedy and selfish children and relatives intend to exploit the senior citizens for material gains. Most vulnerable become those senior citizens, who have movable and immovable properties, earned by them by their hard work, only to suffer such nightmare, being foisted on them by such greedy members of the family,” the judge observed.

The bench further said that when senior citizens have property and when they become physically, psychologically and mentally weak and dependent, or they are in ill health, in such helpless position, the torture, harassment and depravement to them from self centred relatives and family members commences so as to grab their property.

Accordingly, Justice Kulkarni ordered the father-son duo to vacate the flat.

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Published on: Friday, December 17, 2021, 11:37 PM IST
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