Case Law Details
Mrs. Rajani B. Somkuwar Versus Ms. Sarita Somkuwar & Anr. (Bombay High Court)
Bombay High Court in the case of Mrs. Rajani B. Somkuwar Versus Ms. Sarita Somkuwar & Anr. passed an order on 19th June, 2020 while disposing a writ petition filed by a 70-year-old mother against her daughter seeking her eviction from the flat they reside in alleging that she tortured her both mentally and physically.
It is a rare case in which instead of narrating the facts of the case at the outset, the Court starts with the story of Shravan Kumar, who in order to fulfll the wishes of his poor, blind & ageing parents, took them on a pilgrimage by carrying them on his shoulder in two baskets put on either side of the bamboo stick, and whilst trying to collect water on his way from a stream, to quench the thirst of his parents, accidentally became a target of King Dashrath’s arrow. This story from Ramayana tells of our rich culture & social values wherein the Parents were considered akin to God and serving the parents was holier than offering prayers in the temples or bathing in Ganges.
The Court laments at the present state of affairs where old parents are regularly knocking at the doors of the Courts in their twilight years of lives seeking redressal of their grievances against their own children. The Court observed that it is in this background that the Legislature was compelled to enact ‘The Maintenance and Welfare of Parents and Senior Citizens Act, 2007’ with effective provisions to ensure the protection and welfare of the parents and senior citizens by their own children / legal heirs.The Court observed that if children cannot take care of their parent/s and allow them to live in peace, they at least ought not to make their life miserable and a living hell.
The brief facts of the case are that the petitioner, a 70 year old ex-government employee and the mother of five daughters approached the Court alleging that she is mentally and physically tortured by her daughter, the Respondent No. 1. The mother seriously apprehended physical and mental harassment and consequent threats to her life from her daughter the Respondent No. 1, if she resided in her own flat without the eviction of her daughter & her 19 years old son and prayed for ordering forthwith the daughter & his son to vacate her flat. The Court in the meantime directed the Senior Inspector of the local police station, under whose jurisdiction the said Flat is situated, to render all assistance, at any point of time to the Petitioner, who is a senior citizen, as and when she needs the same.
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