Arati Halder vs State Of West Bengal And Others

The grievance of the appellant is that the police have not acted upon her complaints against her son who has been torturing her and has virtually driven

her out of her house that she gifted in favour of the son. The immediate complaint is that though the son undertook before the appropriate forum under

the Domestic Violence Act to re-convey the premises in favour of the mother, the re-conveyance has not been done.

Indeed, the appellant says that the appellant and her two daughters, in bona fide belief that the private respondent son would look after the mother in

her old age, had gifted their shares in the property in Titagarh in favour of the private respondent. However, the private respondent has made it

difficult for the appellant to enter the house. There are allegations of the private respondent beating up the appellant mother and complaints to police

going unheeded.

In many ways, in matters of the present kind the court is in a helpless situation. It is well known that despite orders of court, the police officials take no

steps unless their palms are greased or unless their political masters issue appropriate dictats. An ordinary citizen without political patronage or the

backing of the purse ekes out a very poor living in this State and, probably, in the country. It is not as if the police machinery or the personnel are

inefficient; it is that they chose not to act unless there is an appropriate incentive. Apart from the obvious incentive of a bribe, the affinity to follow the

political masters is out of fear of being transferred to an inconvenient posting.

The private respondent, however, claims that it is one of the sisters or such sister’s husband who has the mother in their clutches and are using the

mother to undo a transaction that was already concluded.

It is submitted on behalf of the appellant that even the sisters had transferred their shares in favour of the private respondent in the bona fide belief

that the private respondent would maintain the mother. The appellant claims that the allegations against the sisters or either sister’s husband are

unfounded.

Serious charges have been levelled by the mother against the son. According to the mother soap-water is poured on the area that the mother has to

cover to access the staircase to the first floor that she is in possession of. The mother claims that it is difficult for her to cross the small distance

because of the myriad obstacles that are put up by the son and the son’s wife. The son, however, claims that these are imaginary charges that

have been thought up by the inimical sister and her husband.

In respect of a previous complaint, a charge-sheet has been filed after the investigation was completed. Though charges have been levelled, inter alia,

under Sections 323/325/448/447 of the Penal Code, it does not appear that the charge-sheet reflects the extent of the violence indulged in as alleged

by the mother.

The Officer-in-Charge, Titgarh P.S. will ensure that the appellant herein has unimpeded access to her area of the property at the relevant premises at

Sree Pally, Palta under the Titagarh P.S. The Superintendent of Police, North 24 Parganas will prevail over the officer-in-charge of Titagarh P.S. to

keep eye over the activities of the son so that the mother feels safe.

It is recorded that the private respondent son has already re-conveyed the part of the property that had been gifted by the mother to the son. The

mother, however, claims that the son has deliberately not re-conveyed the part of the property obtained from the sisters. It does not appear that the

provisions of the Maintenance of Welfare of Parents and Senior Citizens Act, 2007 requires re-conveyance of anything conveyed by a third party or a

sister or anyone other than a parent. To such extent, the brother’s conduct cannot be faulted.

The mother will have unimpeded access to the area of the property which is under her possession without any obstruction or impediment being put up

by the respondent son. Any complaint, if made by the mother with the Titagarh P.S, should be immediately followed up by an investigation. Both the

Superintendent of Police, North 24 Parganas and the officer-in-charge of the relevant P.S. should ensure that the mother is not subjected to any

torture or ill- behaviour by the respondent son in any manner whatsoever. The son insists that the mother is staying with the sister. The son claims that

the portion of the premises previously under the occupation of the mother remains closed and unused. The mother claims that it is the son’s

conduct which has prevented the mother returning to the property since she hardly has safe access to reach the first floor.

The police personnel should see that the access of the mother to the first floor can be protected by some means.

MAT 271 of 2018 along with CAN 3047 of 2018, CAN 447 of 2020 and CAN 2184 of 2020 are disposed of by modifying the order dated February

14, 2020 to the extent indicated above.

There will be no order as to costs.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.