Son’s plea of protection against mother backfires as HC imposes Rs 1 lakh fine for misrepresentation

Read Order: Sunny Goyal v. State of Punjab and others 

 Vivek Gupta

Chandigarh, August 2, 2021: A man’s plea against his mother backfired as the Punjab and Haryana high Court imposed Rs 1 lakh fine on him, saying he filed the petition with the oblique motive of harassing his own mother.

The petitioner, Sunny Goyal, in his plea had sought protection of life and liberty against his mother Suresh Goel, and his maternal uncle Subhash Garg.

A perusal of the petition showed that the petitioner’s father, i.e, husband of respondent No.4 late Raj Kumar Goyal, had executed a will dated 11.11.2013, vide which 100% share of the booth and 50% share of the house was given to the petitioner and 50% share of the house was already in the name of his wife Suresh Goel for the obvious reason that the petitioner being their son will inherit his business and his wife will have a house to live in for rest of her life, the High Court Bench of Justice Arvind Singh Sangwan noted.

“The latter part of the petition reflects that the petitioner has become dishonest, as it is stated that he got a General Power of Attorney of share of his mother, in his name to deal with house in any manner and by way of filing this petition, he wants to create grounds to oust his own mother from the house, who is a senior citizen and further to sell it,” the HC said.

“A perusal of the representation also shows that the same has been filed with oblique motive of harassing his own mother so that on the basis of GPA given by her, the petitioner may usurp the house and oust her in old age. This greediness on the part of the petitioner is apparent from the representation given to police as well as from contents of this petition,” it said.

The HC, thus, dismissed the petition with a cost of Rs one lakh. 

“The Chief Judicial Magistrate, SAS Nagar (Mohali) is directed to ensure that costs is recovered from the petitioner and is paid to respondent No.4 Suresh Goel i.e. mother of the petitioner within a period of two months,” stated the bench.