Mumbai: Upholding the order of a senior citizen tribunal, the Bombay High Court has directed a man to vacate his mother’s flat in a high-rise in Parel, for ill-treating her.
Justice Sandeep Marne, on November 9, rejected the plea filed by the man challenging the June 21, 2022 order of the tribunal, asking him to vacate his mother’s flat in Sampada Heights, Bhoiwada.
“Undoubtedly, the mother is the owner of the Flat No. 1301. She does not have any other place of residence. She is entitled to decide who will stay with her in Flat No. 1301,” Justice Marne said.
The son contended that the tribunal had ignored the position that he had no other residence and had been residing with his wife and two minor children in the flat. He claimed to have taken care of the mother and said that he would continue to do so.
However, the mother’s advocate informed the court that the man had admitted before the tribunal that he had purchased a one-bedroom-hall-kitchen flat in Shahapur. Further, the tribunal, while passing the order, took into account that the son was an alcoholic and had been mistreating his mother. Taking note of this, the HC said that the son had made a factually incorrect statement by saying he had no other place to stay.
HC Orders Son To Vacate Mother's Flat
The son claimed to have sold the flat during the Covid-19 pandemic, which the court said, had not been contended in the reply nor during the hearing. The mother claimed that the son was ill-treating her and withdrew money from her bank accounts.
Asking the son to vacate the flat, the HC said: “In such circumstances, no fault can be traced in the order of the maintenance tribunal in directing the petitioner to vacate flat no 1301.”
The HC modified the tribunal’s order asking the son to pay monthly maintenance to his mother, considering that he would have to arrange for a rental home or live in Shahapur.