Help me out
sanjay
(Querist) 20 January 2013
This query is : Resolved
dear members,
Arjun, a native of Trivandrum, is a young automobile engineer, graduated from a leading Engineering
College in the State of Kerala. Though he belonged to a poor Hindu traditional family, he was able to
secure a scholarship for his studies. During the final semester, he got placement in Volkswagen India
Ltd through campus selection. After a period of six months training, he joined as Junior Engineer in
Volkswagen India Ltd, New Delhi in July 2007. In early 2010, a flat worth 50 lakhs at New Delhi, was
bought by Arjun in mother's name, using his savings, disposing of all family properties at Trivandrum,
and also by availing a loan from a nationalized bank. By the end of July 2010, he started living at New
Delhi along with his family including his mother, a widow. And his maternal uncle, an old man who
was taking care of his cancer affected and partially paralised mother. On 15-3-2011 Arjun married
Gowthami, a member of middle class Brahmin family. At that time she was working as a ‘flight steward’
in a leading airline company. After a month of marriage, Arjun started quarrelling with Gowthami over
Gowthami’s relationship with one Mr. Pranav, a Flight Engineer. Pranav used to visit Gowthami and the
same was objected to by mother and uncle. Gowthami used to quarrel with mother and uncle over the
matter. On 25-4-2011, Gowthami filed a complaint under Protection of Women from Domestic Violence
Act, 2005 and secured a Residence Order against Arjun and his maternal uncle. The Order directed
them to vacate the house and transfer possession to Gowthami and the same was disturbed over the
developments and lost interest in work in the company, as he was not working efficiently, he was given
a compulsory leave for six months. He this found it difficult to pull on as financial problems disturbed
him.
In the meantime Arjun received notice from the financial institution for defaulting installments of the
house loan. He approached the magistrate court for a modification of residence order for allowing him
to pay debts to financial institution and also to spend money for care of his mother.
When the uncle was kept away from the mother, there was virtually nobody to take care of her. Her
health deteriorated and was badly in need of medical and nursing care. Gowthami was not interested
in these matters. The mother contacted a lawyer through Arjun for legal remedy. The lawyer advised
her to approach District Collector for medical help as a primary step. Then she wrote a letter to Dist
Collector to make available services of her brother. The collector informed that on account of the court
order, he was not in a position to help her, the mother then filed a write petition through the lawyer
against the collector alleging violation of right to medical care, while the petition was pending, mother
became totally paralysed with nobody to take care of her.
The High Court appointed a medical professional to report on the health conditions of the petitioner
immediately. To the medical professional, mother reveled that she intended to die on account of her
illness. In the Report the Commission favoured euthanasia as she was suffering from unbearable pain
and no chance of recovery. The High Court brought the pending case from magistrate court to it and
sent notices to parties. Meanwhile the lawyer amended the petition seeking euthanasia for the mother.
what is the constitutionality of
relevant provisions of Protection of Women from Domestic Violence Act, euthanasia, right to medical
care, right to property, and right to life.
Raj Kumar Makkad
(Expert) 20 January 2013
As the ball is now in the safe hands of High court, you shall not suffer more. It is highly dangerous and illegal order passed by the trial magistrate as no one can order vacation of the house of your mother and provide its possession to your wife. she would have been provided a separate house within your reach but never court would have order as has been told by you/
You even didn't prefer any appeal thereto. It is high time to file an appeal before Sessions Judge against the illegal order passed by magistrate and get back the possession of the house in favour of your mother as she is legally owner of the house.
