Court asked to examine afresh mom’s plea against son

Coming to the rescue of an 80- year-old woman, a Delhi court has directed a magisterial court to consider afresh her plea for protection and restraining her son and daughter-in-law from carrying out domestic violence against her.

The sessions court said the magistrate’s order declining any interim relief to the woman was not sustainable under law.

“What emerges from the discussion is that appellant who is an old lady, is out of possession of her own property and despite approaching the competent court of law, no interim reliefs have been granted to her by the court below. The view taken by trial court while declining to grant interim reliefs, is not sustainable under the law…,” Additional Sessions Judge Vidya Prakash said.

“This is moreso when the averments made by appellant regarding acts of domestic violence committed by respondents (son and daughter-in-law) got prima facie supported from DIR (domestic incident report), status report filed by SHO and MLC placed on record,” the court said.

It allowed her appeal, set aside the trial court’s November 2014 order and remanded the case back to it with a direction to pass a speaking order on the petition under the Domestice Violence Act filed by her.

In her plea, the woman, a resident of Rohini in north west Delhi, said she was the owner of the flat and was in possession of the property till July 2012 before being thrown out by her son and daughter-in-law.

She alleged that they had committed domestic violence with her for several years and beaten her up, following which she had got herself medically examined at a hospital.

She has also sought various interim reliefs including protection order, residence order, monetary compensation and damages from her son and his wife.

The woman claimed that the trial court had failed to consider DIR and status report filed by police.

The woman’s son argued that they have already given undertaking in the trial court that they were ready to give proper care, food, clothes and medicines to their mother.

The couple, however, claimed that the woman’s case was a counter blast as they have also filed a separate domestic violence case against her.

(Source : PTI)

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