Mumbai: Court docket orders son, his spouse to vacate mother and father‘ Parel flat

MUMBAI: Safeguarding the ownership rights of a senior citizen couple over their flat, a has ordered their son and daughter- in-law to vacate the premises.
Last week, the court upheld the December 2017 interim order of a magistrate court in the domestic violence complaint. Additionally, the sessions court also ordered the daughter-in-law, , to pay Rs 30,000 rent for the three months that she continued to stay in the house.

Sonali (37) appealed before the sessions court. Dismissing her appeal, the sessions court said, “It is the responsibility of the appellant (Sonali) and her husband to take care of their elderly parents. Instead, they are forced to face court proceedings in their old age.” She was also ordered to pay Rs 5,000 cost to her in-laws, Malati and Shridhar Sawant.

Malati and Shridhar had submitted a domestic violence complaint to the Mazgaon metropolitan magistrate court last year. They sought to restrain their son and his wife from entering their house. The magistrate had issued restraining orders and said the interim relief was to continue until the case was disposed of.

Sonali challenged the order solely on the ground that the magistrate court had passed it in her absence. She further stated she could not comply with the order immediately and needed time as she had a school-going daughter and her husband got a job recently.

The sessions court, however, pointed out earlier this year Sonali had sought time until April on the grounds that her daughter‘s exams would be over then. This was granted by the court. During final arguments, she sought an extension till her daughter‘s results were declared. Irked, the sessions court said, “It appears to me the appellant has no intention to comply with her own words given to the court and she is protracting the matter.”

The court said despite being served notices, Sonali and her husband had not appeared before the magistrate court. “Hence, I do not find any fault in the trial court proceeding in the absence of the appellant,” the court said.

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