ASHISH VINOD DALAL Vs. VINOD RAMANLAL DALAL

JUDGEMENT

(1.) This is a sad case where the petitioner no. 1, the only son along with his wife-petitioner no. 2 and their daughter-petitioner no. 3 has dragged the parents of petitioner no. 1, i.e., respondent no. 1, who is 90 years old and respondent no. 2, who is 89 years old, in protracted legal proceedings. The present proceedings appears to be the last resort adopted by respondent nos. 1 and 2 (hereinafter referred to as "parents") to invoke the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short "the Senior Citizens Act") on which the impugned order dated 21 October 2020 has been passed by the Presiding Officer of the Maintenance Tribunal. The operative part of the impugned order reads thus:

(2.) The record indicates that earlier respondent no. 2-mother was required to invoke the provisions of the Domestic Violence Act and in such proceedings, protective orders dated 31.01.2016 came to be passed in her favour by the Court of Metropolitan Magistrate, Bandra, Mumbai, whereby the petitioner Nos.1 and 2 were interalia prohibited from committing any act of domestic violence as also petitioner no.1 son was directed to pay Rs.7000/- p.m. to the mother from the date of application (6.2.2010) with a further direction that the petitioner nos. 1 and 2 were restrained from dispossessing or in any manner disturbing the possession of the mother from the shared household.

(3.) The misery of the parents at such advance stage of their lives however did not end as it appears from the parents ' case before the Tribunal that petitioner no. 1 and 2 with a view to forcibly grab the flat in which the parents are residing and who had permitted the petitioners to reside along with them are harassing and torturing the parents since many years. It does not appear to be in dispute that the flat in question belonged to the father who gifted the flat in favour of his two daughters (sisters of petitioner no. 1) by registered gift deed dated 27 May, 2016. According to the parents, the daughters have permitted the parents to occupy the flat considering their old age. It appears that petitioner nos. 1 and 2 however were extremely dissatisfied with the father gifting the flat to the daughters. According to the parents, petitioner No.1-son, for selfish motives would not stop torturing them. Petitioner no. 1 also instituted proceedings before the Civil Court seeking declaration that the gift deed executed by the father in favour of his daughters be declared illegal.