LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Roshni B.. (For justice and dignity)     18 February 2011

No court relief 2 a lonely old widow,2 live in shared house

 

Make son look after me, aged mother pleads with court


 

New Delhi: A 73-year-old woman in Delhi is battling it out in court with her son, pleading that she be looked after by him in her old age and be allowed to stay in the house where she lived with her husband.

Kamla Sharma, a resident of west Delhi, says her son refuses to share his life and flat on the grounds that he has to look after his ailing wife and daughter.

 

Additional Sessions Judge (ASJ) Nivedita Anil Sharma has transferred the case back to the metropolitan magistrate and upheld the order of the trial court, which had earlier directed the son to pay Rs.3,000 per month under the Protection of Women from Domestic Violence Act for the rented accommodation where his mother is currently living.

 

The woman has been staying in the rented accommodation since 2004.

 

Kamla, in her appeal to the additional sessions judge, said she should be permitted entry into the shared household and her elder son Anup Sharma should be directed to look after her and provide her care and medicines.

 

Her counsel contended, 'She does not keep in good health and she should be served by her son in her old age. She was forcibly ousted after the death of her husband.

 

'Although she is getting pension, she wants to spend the remaining period of her life in the house where she has lived with her husband as well as her son.'

 

The family lives in the Janakpuri area.

 

The court said: 'It is disheartening to see that the mother is begging to be near her son in her old age so that she can see him in her last days and the son is not willing to look after his aged mother, thereby may be denying her the biggest pleasure of her life - that is to be with her son when her end comes.'

 

However, the court refused to pass any order on the appeal filed by Kamla and said while it is painful to observe that a son is not willing to look after his aged mother, no order can be passed saying he should serve her in her old age and look after her.

 

'The emotion of serving his mother cannot be forced upon the son but it has to be a voluntary and willing act. Even if a legal direction is given to him regarding the same, it cannot be executed in totality as it cannot be implemented effectively,' said the court.

 

The mother also alleged before the court that she had suffered physical and verbal abuse, besides emotional and economic violence.

 

Anup says he does not want to go through the problems his mother creates at home. 'My mother herself left the flat where we were living together and she cannot take advantage of her own mistake now,' he told reporters outside the courtroom.

 

He also denied being violent with his mother. 'I and my family have never committed any kind of domestic violence upon her,' said Anup.

 

https://www.sify.com/news/make-son-look-after-me-aged-mother-pleads-with-court-news-national-lb1nEgcjjhi.html



Learning

 5 Replies


(Guest)

How insensitive.

 

India proudly announces to the whole world,that it has lots of respect for the elderly.

 

See how much respect has been given to this old lady,that too in DV Act,meant to help women.

 

Chee Chee

 

Indians are hypocritic.They claim something,but end up doing something else.

Sanjay2 Mishra (Life sucks Daru rocks)     19 February 2011

is duniya mein namardo ki kami nahi hai...

jis maa ne use mahino pet mein rakha wo us maa ko ghar mein bhi nahi rakh sakta...

aise namardo ko chullu bhar pani mein dub marna chahiye jo biwi ke pallu mein ghuse rahte hain...

 

ek din ye namard bhi budha ho jayega,iske bete bhi iske saath wahi karenge jo ye apni maa ke saath kar raha hai kyonki jaisa karega waisa hi bharega tab use apni maa ki yaad aayegi...

 

"Some people are only alive because it is illegal to shoot them".

 

Abramchichk (Be The Change)     19 February 2011

DV act is to protect women or Perpetrators of crime ?????

Forget about restoring  any  Womens Legal rights of Property  or  anything else, it cant even beat the MUSCLE POWER of men.

A woman who cant stay in her own house ?????? Could she have done this with her son ???????

Why  a WIDOWED mother is  forced  stay on rent just  to escape violence, why SHE is NOT EMPOWERED through DV to throw   son out instead.

A woman who becomes a beggar after death of husband?????

A woman , who in indian society  is provided with FREE LEGAL AID, and is still required to run around the courts  at the AGE of 73 years??????  What purpose DV act  has solved for this  POOR LADY??
 

A woman who has spent her life nurturing children and spent  time of whole life on them, which she could have used to earn some money for herself, who  fed  them for life time,  NEEDS TO BE EMPOWERED and heard on  fast track.

OTHERwise MS. Ansari is right, when she says, " Kill the Girl Child ".  Female INFANTICIDE will automatically  stop the Female GROWNICIDE and will save her the pain at the fag end of her life.

And when there are no females around , then may be some kind of law would be enacted to  empower women and provide her With not just LEGAL RIGHTS but also ACTUAL RIGHTS.

1 Like

Roshni B.. (For justice and dignity)     19 February 2011

Originally posted by :Gurvinder Kaur
" What purpose DV act  has solved for this  POOR LADY??
 


OTHERwise MS. Ansari is right, when she says, " Kill the Girl Child ".  Female INFANTICIDE will automatically  stop the Female GROWNICIDE and will save her the pain at the fag end of her life.

 
"

 

 

DV Act is just on paper.

 

Every wronged female runs here and there for justice.either she comes across lawyers who charge so highly that she cant afford.

 

or she ends up with a legal aid centre,a so called legal aid centre with rude staff,inefficient working and....................

 

yes ansari has said a bitter truth.

 

i dont blame parents who kill the gilr child,although i condemn this killing.if u arrest them,they find other ways to avoid having a girl child.for example-going abroad to get s*x determination tests dun,to abort female foetus.

 

how long can u keep policing these parents??

 

nobody understands their majboori.

 

they are criticised that they dont give property rights.as if it's proven that wen u give properties,boys wont demand anything from u...not even a lavish marriage.

 

even the SC judge was criticised as she called daughters a liability....yes a daughter's marriage is a liability,because of so many expenses on them.she was forced to use such a name.

even if she apologises,she will regard them a liability in her mind...can u control her mind now?

Agarwal (CEO)     09 April 2011

'The emotion of serving his mother cannot be forced upon the son but it has to be a voluntary and willing act. Even if a legal direction is given to him regarding the same, it cannot be executed in totality as it cannot be implemented effectively,' said the court"

That above finding is not good, so passed a divorce decree if a husband or wife not willing to live toghether or free/bailed out the accused if he is not willing to go in prison, Courts and law are made for poor/victim/needy people not for wrong doers, courts are not mouthpiece or post office of a specific party............ 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register