Hearing matrimonial dispute, court says ‘litigation never ends’

The bench was hearing a petition filed by the wife through lawyer Abishek Jebaraj, challenging a Senior Citizens’ Welfare Tribunal (SCWT) order, which had directed her to evict the matrimonial home. The elderly couple, aged 73 and 69, respectively, had approached the tribunal in March last year alleging harassment faced at the hands of their daughter-in-law.

Jebaraj argued that the order passed by the tribunal was illegal as it was beyond its powers to evict his client. “Why do they only want the daughter-in-law to be evicted? The tribunal cannot ask the wife to evict as it is beyond its jurisdiction to pass such orders,” he said. He added that the wife was earning a meager sum of Rs 7,500, whereas, the husband was earning over Rs 3 lakh per month.

The lawyer appearing for the husband contended that his client was constantly on the move and seldom visited his parents. The lawyer said the husband had offered an alternate accommodation to the woman. The tribunal’s lawyer, on the other hand, contended that the husband’s parents were old and their son did not live with them.

Jebaraj, however, argued that alternate accommodation being offered to his client was a “joke” as the property’s future was precarious. “It is a very old building, which may go for redevelopment,” he said.

“Suppose, she (wife) does not like the (alternate) premises, you (her husband) can give her a reasonable sum. If you pay her the amount she will secure a place. We are trying to find out whether we can resolve the issue,” said Justice Kanade.

The Kandivali-based family was embroiled in the matrimonial dispute after the wife filed a complaint alleging domestic violence on March 23, 2012. Consequently, a number of petitions were filed by both the husband and the wife at family and magistrate courts. The wife received summons from the SCWT tribunal on March 27, last year, asking her to be present before it on April 15, 2013.

The tribunal passed an order the same day, asking her to evict the matrimonial home.

The court directed the presiding officer of SCWT to inspect the alternate premises offered by the husband and submit a report before the next date of hearing on February 20.

aamir.khan@expressindia.com