Bombay HC Allows Evicted Son And Daughter-In-Law To Retrieve Belongings From Mother's Residence Under Police Supervision

Mumbai: The Bombay High Court has permitted Percy F. Patel and his wife, who were recently ordered to vacate their mother’s residence by the Appellate Tribunal for Parents and Senior Citizens, to collect their belongings from the disputed premises, however under police supervision.

Justice N. J. Jamadar, meanwhile disposed of a writ petition filed by the couple challenging the tribunal’s decision of directing the couple to vacate the senior citizen’s premises.

The court noted that since the eviction order had already been implemented on September 13, 2025, there was no propriety in entertaining the petition further. However, acknowledging the couple’s plea, the court allowed them to retrieve their belongings from the Navroz Baug residence on September 26, between 10 a.m. and 12 noon.

Police Supervision Ordered

The court directed the Senior Police Inspector of Kalachowki Police Station to depute a team of officers to ensure a peaceful process and prepare an inventory of items taken from the house. The senior citizen, 62-year-old Hutokshi Farokh Patel, has been directed to cooperate.

Background of the Dispute

The case dates back to April 2023, when Hutokshi approached the Maintenance Tribunal through her advocate Adnan Mookhtiar alleging that she had been subjected to harassment by her son Percy and daughter-in-law Sujata.

She claimed Sujata often assaulted her, sometimes with Percy’s involvement, and that the couple violated her privacy by recording her without consent, restricting her movement, and misusing her savings. A widow with no independent income, Hutokshi alleged that her son failed to provide for her daily needs.

Tribunal Orders Eviction

The tribunal, in June 2024, ordered the couple to vacate the premises within 30 days, citing that children have a duty to care for their parents under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Appellate Tribunal later upheld this order, emphasizing that if children fail in their obligations, police action can be initiated under Section 24 of the Act.

Also Watch:

'Elderly Parents Cannot Be Forced To House Son, Daughter-In-Law Against Their Will': Aurangabad Bench Of Bombay HC

Couple’s Defence

In his defence, Percy Patel had argued that he was already paying Rs 2,000 per month to his mother under an interim order, and alleged that the dispute stemmed from religious differences, as his wife is Hindu-Maratha and faced hostility in the Parsi household. He also claimed his wife and daughter were locked out and physically assaulted.

To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/