Pics: Umesh Marpalli
Daijiworld Media Network—Udupi (HB)
Udupi Apr 8: Eighty-three-year old retired school teacher Stella D’Souza has finally succeeded in regaining her property under the maintenance and welfare of parents act.
Stella is a spinster and now resides in Vamanjoor, Mangaluru. Along with her sister Pauline Marveline D’Souza, she had jointly purchased five cents of immovable property in Tiruvail village in 1996. Pauline passed away in 2008. Juliana D’Souza, the wife of their deceased brother used to visit Stella on the pretext of ascertaining her welfare. Stella trusted her and led her to agree to keep the documents safe in the sub-registrar’s office. Later, the petitioner came to know that Juliana had tricked her and executed a sale deed of her property for Rs 3 lac and found Juliana’s name in her RTC.
Stella then lodged a complaint with JMFC, 3rd Court Mangalore, on 2013. Being a senior citizen, she sought protection under the Maintenance and Welfare of Parents and Senior Citizens Act 2007. After six long months of court hearings, the verdict was given that Stella is the real property owner and her sister-in-law should return all the original documents.
I will forgive her mistakes
Stella said, “If she comes to me, I will compromise with my sister-in-law and withdraw my complaint from court soon. Since she also comes from a poor background, I will forgive her mistakes. I got what I wanted and I don’t anything more than that.”
Ravindranath Shanbagh, president, Human Rights Foundation, Udupi, said, “There are 392 cases registered throughout the state. Of these, 12 have been settled and cases from Bengaluru (2), Tumkur, Chikmagaluru, Mangaluru, and Udupi are related to domestic violence, cheating, sale deed, throwing out parents, property conflicts, and so on. There is no special provision for punishment in such cases,"
"According to the legal order, a case should be settled within 90 days, but in some cases the assistant commissioner failed to keep a regular hearing or investigation process. There is no special provision for interim orders in emergency cases. Rules can be changed because the central government has complete power to making law as per the Constitution. The poor people will suffer due to the lack of publicity about the Acts and Provisions.” Ravindranath Shanbagh added.
He urged the enforcement of strict laws and quick response from the concerned department.