Bombay High Court Imposes ₹50,000 Costs On Son For Dragging Aged Mother Into 'Protracted' Litigation Over Property

The Bombay High Court while dismissing a son's appeal challenging the order of a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, directing him to pay Rs 10,000 monthly maintenance to his aged mother and also quashing the gift deed, by which the mother relinquished her rights in the ancestral property, imposed a cost of Rs 50,000 for 'dragging' the senior citizen into a 'multi-layered' and 'protracted' litigation. 

Single-judge Justice Sachin Deshmukh refused to grant any relief especially against the quashing of the gift deed as prayed by the son - Sambhaji Zambre (46), who had transferred a portion of property in his wife's name owing to an order by a court which was dealing with the matrimonial dispute. 

"Insofar as the Petitioner's contention that he has subsequently transferred the subject property in favour of his wife is concerned, it is evident that any such transfer is purely derivative of the petitioner's title. Upon lawful revocation of the original gift deed under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the very basis of the petitioner's title stands divested, and consequently, any transfer effected by him would not, prima facie, create an indefeasible or superior right in favour of the transferee," Justice Deshmukh held in the order passed on May 6.

At the same time, since Zambre's wife was not a party to the present proceedings, the Court refrained from rendering any conclusive adjudication upon her rights, if any, and left it open for her to avail such remedies as may be permissible in law.

The judge noted the contention of the mother - Chhaya (65) that the relinquishment deed was obtained from her by fraudulent means and that she was not treated well after the said deed. 

"Resultantly, taking into account the totality of the circumstances and specifically the conduct of the Petitioner in abdicating his fundamental obligation to provide basic amenities and physical needs to the mother, as such, no case for interference is made out. The record demonstrates that the Petitioner, rather than fulfilling his natural and statutory duties, as such, has chosen to drag an aged/mother, a senior citizen through protracted and multi-layered litigation, effectively depleting her resources and peace of mind in her twilight years. Such conduct further disentitles the Petitioner from seeking any relief, much less the equitable and discretionary relief under Article 227 of the Constitution of India," Justice Deshmukh observed. 

The petition, Justice Deshmukh, held was devoid of merit and therefore, dismissed. 

"Considering that the Petitioner has left no stone unturned in harassing the age old mother and depleting her meagre resources through persistent litigation in her twilight years, I am of the considered view that this is a fit case to impose exemplary costs to discourage such challenges against welfare orders. The Petitioner's attempt of layering litigation while the Respondent struggles for basic maintenance is a clear abuse of the legal process. Accordingly, the Petitioner is directed to pay costs quantified at ₹50,000 to the mother. This amount shall be deposited with the Tribunal or paid directly to the mother within four weeks from today, failing which the same shall be recovered as arrears of land revenue," Justice Deshmukh observed. 

With these observations, the bench disposed of the petition. 

Appearance:

Advocate Prashant Bhavake appeared for the Son.

Advocate Suryajeet Chavan represented Mother.

Case Title: Sambhaji Balkrishna Zambre vs Chhaya Balkrishna Zambre (Writ Petition 12120 of 2025)

Citation: 2026 LiveLaw (Bom) 239

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