Domestic violence case: Court asks son, grandsons to vacate aged mother’s house
Additional Sessions Judge Vrinda Kumari rejected the claim of her son and grandsons that they had a right on the property as the woman used to live in the house of her other sons.india Updated: Apr 28, 2017 20:52 IST
A man and his three sons, accused of cruelly treating his aged mother, have been asked to leave her house in south Delhi with a court in the capital saying just because she visits her other sons from time to time does not take away her right to peaceful residence.
The court passed the order while dismissing the appeal of the four men, accused in the domestic violence case lodged by the mother, against a magisterial court’s last year order directing them to vacate the property in Aya Nagar in New Delhi.
Additional Sessions Judge Vrinda Kumari rejected the claim of her son and grandsons that they had a right on the property as the woman used to live in the house of her other sons.
“Merely because the aggrieved mother visits and resides with her other sons from time to time, it does not take away her right to peacefully reside at the Aya Nagar property,” the judge said.
“The court does not find any infirmity and illegality in the impugned order passed by the trial court. The appellants (son and grandsons) shall remove themselves from the shared household in Aya Nagar... Revision petition stands dismissed,” the judge said.
The son and the grandsons had denied the allegations levelled against them while contending that the woman had wrongfully claimed ownership on the property.
The woman had lodged a complaint under Protection of Women from Domestic Violence (PWDV) Act against her son and three grandsons, who were directed by a magisterial court to vacate her house and compensate her.
The mother had contended that her son had requested her in 2014 to let him stay at her residence along with his family on the pretext that his shanty in R K Puram here was being demolished by the government.
She had contended that she had acquired the house in June 2009 and had shifted there.
In the complaint, she had alleged that on September 15, 2014 she was pushed and punched by her drunk grandsons who also tried to choke her.