The Bombay High Court on Thursday recalled it's orders by which it had ousted the sons and their families out of their aged father's house. The HC while recalling its orders said that the children of the old man had never physically harmed him.
A bench of Justices Gautam Patel and Madhav Jamdar was hearing a plea filed by Satish Kamdar, who had last year moved the HC seeking to oust his three sons and daughters-in-law and their children from his Matunga based flat.
The bench had in December asked Kamdar's children to forthwith vacate the flat along with their servants.
However, on January 13, Kamdar moved a plea before the bench urging it to allow his servant to enter his flat to assist him. He said that the servant has been working for almost a decade for him.
Justice Patel in his orders passed on Thursday, noted that on the earlier hearing, his bench wasn't informed that the daughters-in-law have been residing in these premises since they were married, several decades ago.
"The house is their matrimonial home. This is undisputed. One of them has filed a Domestic Violence Act proceeding and no orders have been passed in that proceeding as it is still pending," the judges noted.
"Arguably, the premises may then constitute a 'shared house hold' within the meaning of the law," the bench said, adding, "We do not think it is appropriate to make any further observations at this stage having regard to the fact that Kamdae is admittedly a senior citizen."
"We recall that part of our order of December 13, 2021 requiring his children to vacate the house," the bench ordered.
On this, advocate Prashant Pandey for Kamdar expressed an apprehension about the physical safety of his client.
However, the counsel appearing for Kamdar's children, denied that his client ever caused him any physical harm.
"We only express our view that it is for the children to ensure that their father of is properly looked after and cared for," the bench concluded.
