‘Dishonest’ son to pay Rs 1L costs to mother

Saurabh Malik

Tribune News Service

Chandigarh, July 30

A “dishonest” son, who wanted to create grounds for ousting his own mother from their house, will end up paying Rs1 lakh costs to her. Asserting that “greediness” on his part was apparent from his petition and a representation to the police, Justice Arvind Singh Sangwan of the Punjab and Haryana High Court directed the Mohali Chief Judicial Magistrate (CJM) to ensure the recovery of costs from him.

‘Petitioner’s greediness apparent’

Dismissing the petition with Rs 1 lakh costs, Justice Arvind Singh Sangwan of the Punjab and Haryana High Court added that a perusal of the representation showed that it had been filed with an oblique motive of harassing his own mother so that the petitioner may usurp the house on the basis of the GPA given by her and oust her in old age. “This greediness on the part of the petitioner is apparent from the representation given to the police as well as from contents of this petition,” Justice Sangwan concluded.

Justice Sangwan also directed the CJM to ensure onward payment of costs to his mother. For the purpose, Justice Sangwan set a two-month deadline. The case has its genesis in a petition filed by the son, Sunny, against the state of Punjab and other respondents.

Describing the petition as “unfortunate”, Justice Sangwan observed that the petitioner had prayed for protection of life and liberty from the mother and her brother (his uncle). A perusal of the petition showed that the petitioner’s father had executed a will in November 2013, vide which 100 per cent share of a booth and 50 per cent share of the house was given to the petitioner. The remaining share of the house was already in the name of the petitioner’s mother.

Justice Sangwan added that the reason was obvious. The petitioner, being the son, was to inherit his business. The wife was to have the house to live in for the rest of her life. However, the petition reflected that the petitioner became dishonest.

Justice Sangwan observed that it was stated in the petition that he got the general power of attorney of his mother’s share in his name to deal with the house in any manner. By way of filing the petition, he wanted to create grounds to oust from the house his own mother, a senior citizen, and to sell it further.