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A south Mumbai resident, along with his wife and child (a minor), had approached the court against his 72-year-old-mother accusing her of having changed the locks to her Malabar Hill flat and refused him and his family entry. On this, the Bombay High Court has observed that, a son who ill-treats and assaults his mother cannot claim the right to enter her house.
Justice Shahrukh Kathawalla went on to say, "He also cannot claim any right of entry on grounds of dispossession, when the mother is seriously troubled over the problems created by him in the house, including committing assault."
The elderly woman who is a doctor has claimed that she was suffering mental and physical abuse at the hands of her son, who repeatedly abused her for the last several years. She also filed a police case and a complaint under the Protection of Women from Domestic Violence Act, 2005. She claimed that as a last resort, she had to change the locks of the house, as she was too scared of her son.
The judge assured her she won't be harassed by her son anymore and can start living in her home. He also directed the Senior Inspector of the Malabar Hills police station to render assistance to the old lady, at any point of time in the day, whenever required.
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