Thursday, October 29, 2009

Tribunal orders elderly couple’s son, daughter-in-law to vacate parents’ flat

Happy to report first case under MWPSCA in Delhi
Tribunal orders elderly couple's son, daughter-in-law to vacate parents' flat

Gaurav Vivek Bhatnagar

NEW DELHI: In the first ever case under the Maintenance and Welfare of
Parents and Senior Citizens Act, 2007, that came into effect on
October 1 this year on International Senior Citizens' Day, the
Maintenance Tribunal of the Central District of Delhi on Tuesday
ordered the son and daughter-in-law of a septuagenarian man to vacate
his house in Prasad Nagar here after he accused them of ill-treating
and harassing him and his wife.

A senior Delhi Government official said the case acquires significance
since following the Lotika Sarkar case attempts are being made to
protect the rights of senior citizens across the country. Under the
new Act, even a gift deed can be invalidated by the maintenance
tribunals. These tribunals are also empowered to impose penalties up
to Rs.10,000 and award up to three months' imprisonment.

Seventy-two-year-old Komal Singh, a resident of 40-B, LIG Flats,
Prasad Nagar, in his complaint had stated that his 34-year-old son
Brijesh and 33-year-old daughter-in-law Manpreet Kaur live along with
him with their only child.

He complained that Brijesh, his only son, got married in November 2003
to Manpreet Kaur and they requested that they be allowed to stay in
the family house for a month after their marriage. However, they did
not vacate the house thereafter and started harassing the petitioner
by direct and indirect methods, Mr. Singh charged.

The senior citizen also submitted that his wife, who is about 66 years
old, is disabled and suffers from cardiac problems and diabetes. He
charged that she had also been ill-treated and harassed by his son and
daughter in-law. He also complained to the Tribunal that he and his
wife had been subjected to physical cruelty and torture and complaints
had been made to the local police in this regard.

The Tribunal, comprising Additional District Magistrate and Presiding
Officer A. V. Prem Nath and Members C. P. Gupta and N. N. Dewan,
ordered the Sub-Divisional Magistrate of Karol Bagh to submit a
fact-finding report and on going through it said the petitioner had
genuine safety concerns and was feeling intimidated by the opposite
party who happen to be his own son and daughter-in-law.

It said that "as a responsible father who brought up his only son and
got him married twice and planned for his rosy future", the applicant
and his ailing wife had "initiated some steps in order to work
constructively together to heal their family feud. But the same
required a commitment from his son and daughter-in-law who were not

Noting that "Brijesh Kumar and his wife have not refrained from
soliciting other people's support to their 'cause' of evicting their
parents from the latter's house", the Tribunal said it was "unable to
effect reconciliation or push for any healing process or sit as
mediator between the fighting parties".
One week's time

Satisfied that there were "reasonable grounds" to believe that "there
has been family violence, ill-treatment and cruelty against
applicant/petitioner; there is a risk of further violence by
respondents Brijesh Kumar and his wife if they continue to live in the
house owned by the applicant/petitioner; and there is a risk or threat
to life of applicant/petitioner and his ailing wife if there is to be
a delay in not restoring his legally owned house to the
applicant/petitioner who is 72 years old", the Tribunal ordered the
young couple to vacate the flat within one week.

It also directed the Station House Officer of the Prasad Nagar police
station to ensure this without fail and file the compliance report
before the Registrar or a Designated Officer of the Tribunal by
October 28.


Dr P Vyasamoorthy,
30 Gruhalakshmi Colony Secunderabad 500015 Ph 040-27846631 / 9490804278

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