ABHIMANYU JAYESH JHAVERI Vs. NIRMALA DHARMADAS JHAVERI

JUDGEMENT

(1.) An ordeal of a senior citizen who would be soon in her nineties is the subject matter of the present proceedings. She says that the harassment caused to her, by her son and grandson was such that she desired to end her life. Looking at this case, one would surely perceive the perishing and deterioration of the family and societal values inherent in our culture, beliefs, ideals and traditions that parents and elders are to be treated with highest respect, love and empathy. These values appear to have remained eclipsed in the present case on account of greed for property and money. It is so disheartening that at such old age when the only expectation of a senior citizen, from the near and dear ones is of care, concern, affection and love, instead, what has been returned is harassment, wretchedness, suffering and abuse.

(2.) Smt. Nirmala Dharmadas Jhaveri (for short, "grandmother") respondent No.1, who is 89 years of age is required to defend herself against her adamant grandson Abhimanyu Jayesh Jhaveri (for short, "Abhimanyu") - petitioner in the first petition and her own son Jayesh Dharmadas Jhaveri (for short, "Jayesh") - petitioner in the second petition, in proceedings initiated by the grandmother under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (for short, "the Act").

(3.) The Senior Citizen 's Tribunal, Mumbai (for short, "the Tribunal") by the impugned order dated 30th July 2021 has allowed the grandmother 's application filed against Jayesh and Abhimanyu, which is assailed in both these petitions. On 1st October 2020, the grandmother approached the tribunal invoking the provisions of the said Act initially claiming maintenance. The grandmother subsequently filed a second application as seen on page 29 of Abhimanyu 's petition setting out the details of her plight. She stated that she is scared of her son Jayesh as he is using all pressure tactics to make sure that she gives away all the assets to him, which were standing in her name and in the name of her late spouse Shri. Dharmadas Jhaveri. She stated that after her husband passed away on 25th March 2017, Jayesh along with his wife Sonal, grandson Abhimanyu and his wife Apeksha left their own house and came to reside with her, at her residence being Flat No.A/12, Mahavir Building, 165, Derasar Lane, Ghatkopar (East), Mumbai - 400 077. Prior thereto she was peacefully residing in the said flat along with her husband (father of Jayesh and grandfather of Abhimanyu). She pleaded that after Jayesh and Abhimanyu along with their spouses entered her house, there were continuous arguments and violence as Jayesh pressurized her to transfer all the assets in her name and in the name of her late husband, solely in his favour, and not give any share to her two daughters Rashmi and Tanvi, who also had equal shares in the estate of the grandmother and that of her deceased husband. She stated that Jayesh had filed a criminal case against her under the provisions of Sec. 138 of the Negotiable Instruments Act before the Court of Metropolitan Magistrate at Vikroli. The grandmother pleaded that the sole purpose of Jayesh and his family leaving their house and coming to stay with her was with a motive to secure transfer of all her assets in his name.