Mumbai: Case filed against 103-year-old under Domestic Violence Act

The Sethi family stays at Chateau Marine on Marine Drive, Churchgate. Pic/Satej Shinde

The daughter of the 75-year-old woman allegedly denied entry into her house by her 103-year-old mother, brother and sister-in-law, has now filed a case under the Domestic Violence Act against them. This is one of the rarest moves in which a person has filed a domestic violence case against her mother and siblings.

mid-day had reported on June 16, on Urvashi Kapoor who has filed an FIR against her mother Sumitra, brother Vinay and sister-in-law Nabla for wrongful restraint, with Marine Drive police. It is said to be the result of a fall out in the family over a flat that costs crores of rupees. After being denied entry to her house, Urvashi was taken back to a hospital where she tested positive for COVID-19.

Namrata Kapoor, the complainant

Namrata, on behalf of Urvashi, filed a case last week in the Esplanade Court under the Protection of Women from Domestic Violence Act, 2005. Advocate Varsha Bhogle, appearing for Namrata Kapoor said, "The DV Act is not only for women who are victims of their husband or marital home, but for victims of any domestic relationship under its ambit. According to a Supreme Court judgment, every woman in a domestic relationship shall have the right to reside in the shared household, whether she has any right, title or beneficial interest in the same. She cannot be evicted or excluded from the shared household by the respondent without following due procedure established by law".

Namrata has lodged the complaint as neither she nor her mother were provided residence, and for return of streedhan. It is also for the proceeds of the sale of the complainant's mother's flat, which was in possession of the accused, said Bhogle.

‘Both are suffering'

"The complainant and her mother were deprived of entering their rightful home. And as a result of this, the complainant's mother caught the COVID virus. Had it not been for the wrongful restraint and obstruction by the accused persons, the complainant and her mother would be in the safety of their own home on June 13. Both she and Namrata got COVID. Both continue to suffer till date," added Bhogle.

‘Let her stay in peace'

"It's a pure case of extortion where a 103-year-old bedridden, senior citizen is being harassed and tortured to give up the rights to her property by the complainant. It is her fundamental right to live in peace and nobody has the power to dictate that," said advocate Himanshu Maratkar, counsellor for Sumitra, Vinay and Nabla Sethi.