Panaji: The Bombay high court on Monday dismissed a petition by a son and daughter-in-law challenging an order directing them to vacate their residential premises as they were harassing his parents, both senior citizens.The son and daughter-in-law went to HC, challenging the order of the North Goa collector, who is the appellate tribunal under the Maintenance and Welfare of Senior Citizens Act, 2007, where the son and daughter-in-law were directed to vacate the premises within a month so that the senior citizen couple can live peacefully.The HC on Monday directed the son and daughter-in-law to continue to stay in their alternate rented accommodation but allowed them to enter the one room to access their belongings. The court, however, restrained them from harassing the parents in any manner.They told the court that they resided in the matrimonial house after marriage in 2013, but due to alleged harassment of the daughter-in-law, they shifted to a rented room in 2014 and returned to the matrimonial home within a few months and then shifted to Mumbai in 2015.The daughter-in-law returned to the house in 2017 after delivery and then returned to Mumbai. In 2020, after the elderly father suffered a stroke and was hospitalised, the mother asked the son to return to assist in his care and pleaded with them, after which he gave up his employment and returned for good.The son alleged they continued to harass the daughter-in-law in various ways.The senior citizen father then complained of harassment, assault and intimidation by them and sought their eviction from the house. The maintenance tribunal issued notice to the son and daughter-in-law and, after inquiry, held that there were only petty quarrels between them with no threat to life and that financial condition of the son and daughter-in-law was not sound and dismissed the senior citizen’s application.The high court then set aside this order and remanded the matter back to the appellate tribunal, directing it to rehear the matter and decide the appeal afresh. The appellate tribunal then called for fresh inquiry reports from police, who said that there were frequent quarrels and that financial condition of both sides appeared fairly sound.The mamlatdar’s report stated that the parents alleged threats to their lives from the son, which he denied. The appellate tribunal in April 2024 allowed the appeal and directed the son and daughter-in-law to vacate the premises within one month primarily on the ground that continued co-residence was not conducive to peaceful living for the senior citizens.The daughter-in-law filed separate domestic violence proceedings, seeking a protection order to restrain her in-laws from dispossessing or otherwise disturbing their possession of the shared household.
