A man and his wife have been restrained from dispossessing his mother of her house by a Delhi court which said he was duty-bound to take care of the elderly woman.
Metropolitan Magistrate Vandana Jain, however, said there was only a single allegation that the aged woman was beaten and tortured by her son and daughter-in-law and this cannot constitute as an act of domestic violence.
"Apart from a single allegation of beating and torture given to her (woman) by both the respondents (son and his wife) after execution of Gift Deed by her in favour of her son in respect of property...., she has not levelled any other allegations which can constitute an act of domestic violence under the Protection of Women from Domestic Violence (PWDV) Act either physical, mental or economic," the court said.
The court disposed of the woman's complaint and said, "Complainant is an old lady and being the mother of respondent no. 1, he is entitled to take care of her.
"Since she is in possession of property in question, both the respondents are restrained from dispossessing her from the property... Without following due process of law."
The woman said in her complaint that she was living on the first floor of her Bihari Colony house in east Delhi while her son and daughter-in-law were residing on ground floor of the house purchased by her late husband.
She approached the court alleging that she had transferred the property in her son's name after he gave an assurance that he would take care of her throughout her life but after the house was transferred, he and his wife started harassing and torturing her.
They were also compelling her to leave the house and alleged that she has made several complaints against them to the police but no action was taken and also sought the relief of protection and restraining her son from dispossessing her from the property.
The court, in its order, said as far as the gift deed was concerned, the woman has admitted that she had transferred the property of Bihari Colony here, where she is presently residing, to her son by way of gift deed.
