The Calcutta High Court in the case of [Asit Kumar Palit vs State of West Bengal] wherein, Justice Rajasekhar Mantha held that the old parents were not feeling comfortable to live with their son and daughter-in-law and lodged an FIR (First Information Report) against them at local Police Station, under the provision of Indian Penal Code, 1860 (IPC) and the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.
Old parents (Petitioner) were not in an agreement to live with their son and daughter-in-law according to them. Meanwhile Son and daughter-in-law were not forced to live with their old parents, they were free to leave parents house as per there free will any time.
The actual problem observed by the Honorable Justice that the petitioner and their son and daughter-in-law had conflict of thoughts. The petitioner, a senior citizen and a retired Mathematics teacher who spend his whole life with respect, values and dignity. Because of the behavior of his son and daughter-in-law no one at home was happy anymore.
Simultaneously, Son and Daughter-in-law claimed that their parents (petitioner) were of unsound mind and filed the FIR with the help of third party.
The local police investigated the case and found that petitioner was of sound mind and a respected retired mathematics teacher.
Considering the facts of the case, Justice Rajasekhar Mantha warned the son and daughter-in-law against any dissonance with their parents.
“They shall abide by the Rules of the house as set up by the parents, i.e. the writ petitioner and his wife. In the event of any complaint whatsoever from the petitioner, the Inspector-in-charge, nearby Police Station shall forthwith register an FIR against the son and daughter-in-law and take all necessary coercive measures to secure the petitioner and his wife,” the judge ordered.
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