The Bombay High Court stayed an order passed by the Thane Sub-Divisional Officer (SDO) under Maintenance and Welfare of Parents and Senior Citizens Act. The order was in favour of a senior citizen mother against her son.
The high court noted that the son cannot be evicted from a Thane flat owned by his mother and also stayed the order asking him to pay Rs 10,000 per month as maintenance to her. This decision by the high court may seem unfavourable for a senior citizen, however, the court has rightly observed the current assets, earnings and support system of the widow mom.
A police constable and his wife had filed a plea in the high court through Advocate Shubham Misar, appealing for the SDO order from last year to be set aside. The couple also sought an interim stay on the same, pending hearing of the case.
On November 6, a single bench of Justice Nitin W Sambre stayed the order subsequently.
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The cop in his plea mentioned that his father had served in the police department till 1991 and after his death, his son, the petitioner in the case, was employed with the force. Thereafter, in 1992, both the flats owned by his father were transferred to his widow mother’s name.
Till 2015, the cop resided with his mother and three sisters in one of the flats. However, later when one of his other sisters came to live with their mother, he moved out of that home and shifted to another flat, wherein he carried out repair works to a tune of Rs 8 lakh.
The cop alleged that it was his sister who was instigating the mother to sell both the flats and the mother filed an application before the SDO seeking his eviction, under his sister’s influence.
Maintenance To Widow Mother
Arguing about giving monthly maintenance to his mother, the cop informed court that after her husband’s demise, she was deriving a sum of Rs 15,000 as pension every month. Besides this, the mother was also receiving medical reimbursement from the police department.
The son also pointed out that the sister who was living with the mother in the same apartment was drawing a salary of Rs 30,000 per month while being employed as a Shipai in the police department.
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The son argued that this income was sufficient to support the mother and thus she did not require further maintenance.
Bombay High Court
The cop pleaded that the SDO order will dispossess him of the flat where he stayed with his family. He also put forth how the high court was restraining orders being passed towards eviction, dispossession and demolition during the Covid-19 pandemic.
The constable further stated that the SDO had not factored in the second flat also in possession of his mother. Lastly, the cop put forth his own family expenses, including a loan he had taken from a welfare society towards the repair works in the home.
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Bombay High Court noted submissions from both sides and concurred that the SDO order ignored the fact that the cop himself had many liabilities where he had to provide for his wife and two children.
Observing that the SDO order did not deal with the contentions raised by the constable, the bench, while granting interim relief, said,
Respondents (mother and SDO) are restrained from executing the order impugned against the petitioner.
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