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“Daughters are daughters forever and sons are sons till they are married”: Bombay HC orders son and his family to vacate parents' flat [READ JUDGMENT]

Lawstreet Journal 20 Sep 2021 6:22pm

Image courtesy: Lawstreet Journal Judiciary “Daughters are daughters forever and sons are sons till they are married”: Bombay HC orders son and his family to vacate parents' flat [READ JUDGMENT]

On 15th September 2021, the Bombay High Court Justice G.S.Kulkarni ordered a son and his family to leave the premises of his father’s flat after looking at the condition of his elderly parentsin the case of  Ashish Vinod Dalal & Ors. v. Vinod Ramanlal Dalal & Ors.

BACKGROUND

The parents who are respondents 1 and 2, in this case, were dragged to the High Court by petitioner 1 and 2 who are the son and the daughter-in-law of the respondents after the order of the Maintenance Tribunal, against which the petitioners appealed in the High Court. 

ORDER OF MAINTENANCE TRIBUNAL 

The parents had to rely on the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as the petitioners were trying to illegally occupy the house where the parents were living and had allowed their son and his family to reside, besides this the son and his family were also responsible for torturing and harassing the old couple for various years. 

The maintenance tribunal had provided them with relief by making a judgement in their favour.   

FACTS ABOUT THE  PROPERTY 

The flat where the petitioner( son and his wife) and respondents (elderly parents) were living belonged to the father i.e. the respondent who gave it to his daughters through a gift deed. The sisters of the petitioner had allowed their parents to reside in the house because of their old age. 

OBSERVATION OF THE HIGH COURT

The High Court while giving its judgement observed that… Continue Reading...


Tagged: Bombay High Court  
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