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Home IN THE LAW

Son and wife get 2-years rigorous imprisonment for ill-treating elderly widow mother

Team VFMI by Team VFMI
July 22, 2019
in IN THE LAW, IN THE NEWS, OTHER COURTS
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mensdayout.com
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HYDERABAD: A XIX Metropolitan Magistrate court on Monday sentenced a man and his wife to two years rigorous imprisonment for harassing and threatening his elderly mother and forcibly occupying her house after throwing her out.

Elderly Mother’s Allegations and Case:

  • The man’s mother is a widow
  • She has 2 sons and 1 daughter – all of them got married while her husband was alive
  • According to her statement, she and her husband lived in their own house, while the children lived separately with their respective families
  • However, in October 2013, her husband died and in February 2015, her elder son and his wife forcibly entered her house
  • It did not end here. The woman also accused her son of transferring the ownership of the house to his name in June 2015
  • On October 13, 2015, when the woman had gone out of the house, her son and daughter-in-law locked her out and threatened her of dire consequences if she came back
  • Later in the same month, she had lodged a police complaint against her son and daughter-in-law alleging ill-treatment
  • She had also accused them of forcibly occupying her house and throwing her out
  • Following the complaint from the elderly woman, a case was registered and later, a chargesheet was filed in the court

Conviction:

  • The XIX Metropolitan Magistrate Court convicted the 40-year-old man and his 34-year-old wife, both private employees, and sentenced them to 2-years rigorous imprisonment
  • Besides, the court has also imposed a fine of Rs 10,000 on each on them

Image result for XIX Metropolitan Magistrate court

While in this case the senior citizen woman was forcefully evicted from her own home, last year in July 2018, Bombay High Court (HC) ruled that elderly parents can take back a share in their property given to a son as a gift if he fails to look after them.

According to the special law cited for the maintenance of Senior citizens under Act, 2007 which protect parents (and elderly persons) who have signed away their property or assets to a person or to their child so that they would be taken care of but are then left unattended or mistreated.
If a Senior citizen signs an agreement after 2007 to transfer his/her share in the property on the condition that their basic needs would be taken care of, but the person refuses to do so, then a maintenance tribunal can quash the agreement so from now it’s a legal obligation of the children to look after their elderly parents in India.

ALSO READ-

http://voiceformenindia.com/in-the-news/joint-parenting-supreme-court/

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