MANSOOR ABDUL RAHIM JALIWALA Vs. SATE OF MAHARASHTRA

JUDGEMENT

(1.) This Court (Coram : S.J. Kathawalla and N.R. Borkar, JJ.) in its Order dtd. 19/6/2020, passed in the case of Mrs. Rajani B. Somkuwar vs. Ms. Sarita Somkuwar and Another, in Writ Petition No. AD-HOC-No. WP-LD-VC-28 of 2020, has interalia observed that :

(2.) We have before us one more Petition (i.e. the above Petition), fled by an 85 year old father in distress, who is sufering from various aliments/health issues, including a serious heart condition requiring a pacemaker. The Petitioner has knocked on the doors of this Court at this ripe age, inter alia seeking admission of the Writ Petition and an urgent order of this Court restraining his 50 year old son 'Ayaz' from entering / using his fat. The reason for seeking this urgent relief according to the Petitioner is that since the last one-decade Ayaz is continuously harassing him by abusing and torturing him. According to him, because of harassment and torture inficted by Ayaz, including physical harm caused to him and his wife 'Nafza' (mother of Ayaz), Nafza sufered from hypertension, brain cystitis and chronic kidney disease and ultimately lost her life on 3 rd March, 2020. According to the Petitioner, he and his wife could not gather the courage to report their plight to the appropriate authorities, as they did not want any serious repercussions, and they also feared the social stigma in their community, till the harassment and torture at the hands of their son became 'unbearable'.

(3.) The plight of the Petitioner, as explained by him, is in brief set out hereunder :