‘In today’s age, children take parents to court instead of pilgrimage’: Bombay HC on son’s plea for restraining order against parents

The Bombay High Court directed the Mumbai-based son seeking an order to restrain his parents from using his residence for visits related to medical treatment to ensure no inconvenience is caused to them.

“In today’s age, there is something very seriously wrong in the upbringing of our children that a child is taking the parents to the Court instead of the pilgrimage.”

Expressing concerns over a plea by a man seeking a restraining order against his parents presently living in Kolhapur from using his residence in the western suburbs for visits related to medical treatment in Mumbai, the Bombay High Court Thursday directed the petitioner to ensure no inconvenience is caused to parents and they are treated with “utmost respect, love and care.”

The high court passed the order on a plea by the son challenging the order of City Civil Court that in January 2018 refused his prayer seeking injunction against the parents from making use of his residential premises in western suburbs.

Citing ‘Shravan Kumar’, a single-judge bench of Justice Jitendra S Jain observed, “This is one more instance and sorry state of affairs where a son instead of discharging the moral duty of taking care of his ailing and aged parents has filed a suit seeking restrain order. The moral values inculcated in our culture have fallen to such an extent that we have forgotten Shravan Kumar who took his parents for pilgrimage and on the way laid down his life.

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“In today’s age, there is something very seriously wrong in the upbringing of our children that a child is taking the parents to the Court instead of the pilgrimage.”

Justice Jain went on to observe, “As caring for one’s parents is not just a sacred and moral duty, it’s a labour of love that comes full circle because when you choose to honour, love, respect and care for your parents, it’s not just the expression of one’s gratitude, but it is honouring God himself. Sadly the harsh reality is sometimes totally otherwise, when you realise that parents can take care of ten children, but sometimes ten children cannot take care of their parents.”

The bench noted that the defendants have three sons including one residing in Mumbai, another in Navi Mumbai and the third in Kolhapur and they have to regularly visit Mumbai for medical treatment.

Justice Jain emphasised the need of passing order for an interim arrangement without getting into the facts of the case and “without writing anything further on the present day children’s attitude and treatment meted out to the parents.”

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The Bombay High Court asked the parents to inform their Mumbai-based son about their hospital visits and asked him and his wife to receive them on arrival in the city, accompany them to his residence, and accompany and assist during treatment. The son is also required to bear all related expenses. After treatment, he should ensure their safe return home without inconvenience and arrange travel when parents would want to visit their other sons.

The court clarified that in case of breach of its order or inconvenience caused to parents, the son will be held in contempt of the order and appropriate proceedings will be initiated against him.