By an order passed in 2016, the Dindoshi civil court had directed the woman to move out of the house within six months' time, pending the final outcome of the suit.
The Bombay High Court has given a month's time to a woman to remove herself from her matrimonial home and take shelter in a rental accommodation in Bandra-Khar area. The 'evacuation' order follows the allegation by her in-laws, both septuagenarians, that she has continually abused and harassed them, denying them a peaceful life in their own home at the fag end of their lives.
While passing the order, Justice Shalini Phasalkar Joshi said, "Appellants who are at the fag end of their lives continue to suffer harassment at the hands of [daughter-in-law] in the twilight years of their lives, would be a cruelty to them." The court made it clear that it would not extend the period stipulated by it.
The elderly couple reside at an apartment in Bandra West, while their son resides in a house at Malad which he jointly owns with his mother.
In their suit seeking restraining order against their son and daughter-in-law from entering their house, they said, "The daughter-in-law is a very abusive and aggressive lady and she was ill-treating and harassing them. Their son, who is her husband has always been ignoring the tantrums, aggression and high-handedness of his wife and even supporting her misbehaviour all the time, which multiplied their problems manyfold."
Further, they claimed that their son and daughter-in-law are not allowing them to live in the house even as their health is failing.
By an order passed in 2016, the Dindoshi civil court had directed the woman to move out of the house within six months' time, pending the final outcome of the suit.
However, the woman refused to move out, claiming that several properties shown to her were not habitable. Last year, the in-laws sought execution of the trial court order passed in 2016. But the court turned down their plea, and expedited hearing on the suit, after which they approached the high court.
The in-laws claimed that 49 properties in Bandra-Khar area were shown to the woman so their grandchild can go to school conveniently. But she continued to stay with them, filing false police complaints, one of them about sexual harassment against the 72-year-old father-in-law.
The court has directed the woman to move out of the in-laws house and asked her husband to pay Rs 35,000-40,000 rent until the final outcome of the suit.
HC Observes...
Criminal cases and counter plaints being filed; there is no respite to either party, including the young adolescent daughter
Expediting hearing without implementing earlier order cannot be a solution.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Bombay High Court")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}