Bombay HC: Son Not Expected to Brand his Father “Swindler”, Claim Parents have Lost Mental Balance

senior citizens Law Insider

Khushi Doshi

Published on: April 28, 2022 at 16:46 IST

A son is not expected to brand his father a ‘swindler’ or declare that his parents have lost mental equilibrium in a ‘conservative’ Indian society, according to the Nagpur Bench of the Bombay High Court.

The Decision of a Maintenance and Welfare of Parents and Senior Citizens Tribunal, which ordered Namdeo Bangde’s Eviction from the self-acquired house of his father Babuji (75 years) and mother Sushilabai, was maintained by a Single-Judge Justice Rohit Deo (65 years).

The Judge went on to say that the son had accused his father of stealing money from the Government by swindling it.

The parents had filed a complaint with the Tribunal under Section 5 of the Act, alleging that Namdeo and his wife Geeta had harassed them. They claimed that their son and daughter-in-law had been harassing them emotionally and physically.

Their Petition to the Tribunal also stated that their children had forcibly taken possession of a portion of their home, which they planned to rent out to someone to cover their medical expenditures, as Babuji is a heart sufferer.

The son, on the other hand, claimed that his father is not a heart patient. He questioned the Tribunal’s Jurisdiction in ordering his Eviction while it was hearing a Plea under Section 5 of the Maintenance & Welfare of Parents and Senior Citizens Act.

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