PANAJI
The High Court of Bombay at Goa has stepped in to uphold the rights of an elderly widow and her unmarried daughter, who have allegedly been denied maintenance by the son, despite a 2021 order from the Deputy Collector and Sub-Divisional Magistrate under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The Bench of Justice Bharat Deshpande directed the concerned police station to ensure the Tribunal order is strictly followed, including providing suitable space for the two women in the family home, currently occupied by the son and his wife.
The Court also reviewed photographic evidence revealing the deplorable living conditions of the mother, aged 84, and her daughter, aged 65, while observing that Raymond Rodrigues has been enjoying full access to the residence and all its amenities.
“The In-charge of the concerned police station is directed to implement the order passed by the Tribunal in letter and spirit and to see that the respondents are accommodated on the ground floor of the main house without any disturbance. If any disturbance is found on the part of the petitioners, strict action should be taken against them in accordance with the law,” the Bench ordered while rejecting the couple’s petition challenging the Tribunal order.
Earlier during the hearing, the Court examined the evidence, which clearly showed the respondent women were residing without any maintenance or proper amenities, whereas the petitioner has been enjoying the entire remaining house with all facilities.
“Photographs attached to the additional affidavit would show that both the respondents are residing in a particularly small, shabby, and congested room at the rear side of the main house without any proper facilities. The toilet is at a distance of around 10 metres away from the suit room. The petitioner is enjoying the entire house with all amenities, including an air conditioner,” the Court order stated.
The Court also admitted submissions that the respondents, being elderly, are unable to climb the steps and therefore cannot be accommodated on the first floor.
As per the order of the Tribunal, the petitioner is directed to pay an amount of Rs 2,500 each as maintenance and is prohibited from disturbing the peaceful residence of the house belonging to the respondents.
The High Court directed the Tribunal to call for the report from the concerned Magistrate/Mamlatdar as well as from the in-charge of the police station regarding compliance with this order, and to submit the report before this Court within two weeks.
