Son, daughter-in-law cannot impose their values, ideas on old parents; at liberty to leave the house: Calcutta High Court

The Calcutta High Court recently said that a son and daughter-in-law staying at their parents' house cannot impose their values on old parents and if they are not in agreement with the parents and their ideas, they are free to leave the house [Asit Kumar Palit vs State of West Bengal]..Single-judge Justice Rajasekhar Mantha noted that the petitioner, a senior citizen and a retired Mathematics teacher, was slightly stubborn with his 'old school values.'"There is a conflict of thought between the petitioner and his son. If the son and daughter-in-law are not in agreement with the petitioner and his wife, they are at liberty to leave the residence on their own. They cannot impose themselves, their ideas and values on their parents," the judge observed..The petitioner alleged that his son and daughter-in-law have been assaulting him. He pointed out that he was not comfortable with their presence in the house. He had even filed a First Information Report (FIR) against his son and daughter-in-law under the relevant provisions of the Indian Penal Code (IPC) and the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.On the other hand, the son and daughter-in-law claimed that the petitioner was mentally unsound and was coerced by third party to file the present proceedings.On a hearing held on November 28, the bench had noted the contentions of the son and daughter-in-law and had ordered the local police in the South 24 Parganas district to verify the contentions of both the petitioner as well as his son."The provisions of the Mental Health Act, 2017 impose a responsibility on the police, if necessary, to ascertain the mental health of a citizen and to take appropriate steps. That by itself, however, cannot confer any right on the son and daughter-in-law to effect torture on their parents under the garb of taking care of them," the bench had then observed..On Tuesday, when the matter was called out, the police submitted its report stating that the petitioner was of sound mind.Since the petitioner and his wife were present in the courtroom, the bench sought to know from his wife with regards to his behaviour and mental health. The wife told the bench that she is very happy with her husband and that he has never hurt her and that he takes care of her. The bench further noted that the wife was clearly torn between her love for her husband and her son. "The daughter-in-law and the son appear to be taking advantage of the same," the bench opined..Considering the facts of the instant case, the judge warned the son and daughter-in-law against any disharmony 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, Sonarpur 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.Further, the judge ordered the local police to maintain daily vigil over the petitioner’s house for a period of one month. In the event of any FIR being registered against the son and daughter-in-law by the petitioner, the bench ordered the local police to escort them out of the house of the petitioner.The bench, therefore, disposed of the petition..Advocates Wasim Akram, Syed Murshid Alam, Subrata Ghosh, Saidul Islam, Subrata Mukherjee and SS Yesmin appeared for the Petitioner.Advocates Sk Md Galib and Jyotsna Roy Mukherjee represented the State.Advocates Dhiman Ray, Nilanjana Dasgupta and Dip Chanda appeared for the Son..[Read Orders].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.