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The Karnataka High Court Division Bench of Justice Ravi Malimath and Justice S G Pandit has upheld an order of the local police directing a son to vacate the house of his parents, after it was proved that he along with his wife were troubling them, to the extent of physically assaulting the father, instead of looking after. The parents due to the ill-treatment had been forced to leave their house.
The Bench rejected the appeal filed by the elder son, Sri Narasimha Murthy, against an order by a Single Judge, which had dismissed his challenge to the order passed by Assistant Commissioner of Police (Tumkur sub division).The father, Sri Venkatappa and his wife were to be allowed entry inside the house and their son was told to vacate along with his wife Latha. Further, he was told to pay Rs 10,000 as maintenance amount to the parents under theMaintenance and Welfare of Parents and Senior Citizens Act.
The Assistance Commission of Police carried out an enquiry after the father had complained to the police that his son had physically assaulted him and was harassing his wife, and found that the Second Respondent (Sri Venkatappa) and his wife are aged about 80 and 75 years respectively and were residing in the self-earned house of their younger son, L. V. Mudalagiriyappa following the behavior of the elder son that made the parents leave the house.
The Court directed the Implementation Officer, Tumkuru, to assist the Second Respondent to get into the house and to give proper protection to him and his wife.
The son argued that the order of the single judge was wholly erroneous and the judge failed to consider the grounds raised by the petitioner. The petitioner was ready and willing to look after his parents and he may be permitted to reside in the house.
It was also said that partition suit is pending and the house in question is purchased out of the income of the joint family and as such he has a right to reside in the house. He also stated he had no house of his own and if they are made to vacate, they would be on the streets.
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