Daughter-in-law broke my finger, barred me from my home: 80-year-old widow in Mumbai
15 Mar 10
Colaba resident plans to appeal in HC after lower court rules against her due to lack of evidence
An 80-year-old widow has alleged that her daughter-in-law assaulted her, resulting in a broken finger, and barred her from her own Colaba flat. The widow filed a suit in March 2009, but the judgement went against her. She now plans to appeal in High Court.
Diana Demello, 81, accused her daughter-in-law Carol of throwing her out of her flat in Esperanca building at Colaba in 2004. Since then Diana has been living at Vasai with her 77-year-old maid.
Diana has four children, three settled in US, while a son Darryl is in the Merchant Navy and is married to Carol. Diana’s husband died in the 80s.
How it began
Diana said trouble began in March 2004, when her 96-year-old mother expired in Goa. When Diana returned from Goa, she was denied entry to her Colaba flat by Carol, who she alleges assaulted her, breaking a finger. “I complained to the Colaba police, but was not pleased with the manner in which they treated the case,” said Diana. “Despite being a senior citizen, I was denied justice.”
As her children were abroad, Diana decided to leave Colaba and stay at Vasai where she had already purchased a flat. “I settled there and informed Darryl about Carol’s behaviour. But the trouble continued.
Carol would phone me in the dead of the night and threaten me with dire consequences if I ever thought of returning to the Colaba flat which still belongs to me,” said Diana.
In 2007, Darryl came down briefly, and a reconciliation attempt was made. But things didn’t work out and he left.
“Later, I learnt that Carol was having an affair while still married to Darryl, who was out at sea for most of the year,” said Diana.
Court rules against her
“I put up with the mental torture till March 2009, when I filed a suit against Carol. I mentioned the torture, her illegally grabbing my flat, and the telephonic threats. But, a January 2010 order by Judge V K Shewale of City Civil Court rejected my plea citing lack of evidence,” said Diana.
Diana, who alleges that Carol misled the court, said, “Despite being a heart patient, I will appeal to HC and hope justice will prevail. I’ve even disconnected my phone in Vasai, fearing that Carol will continue threatening me.”
Diana’s son Darryl said, “I had to return as my mother, at her advanced age, cannot do the rounds of the court alone. It came as a shock to learn Carol was having an affair despite my sending Rs 1.10 lakh for her monthly expenses. I’ve appealed for annulment of our marriage, because of the torture Carol inflicted on my mother and also her affair,” said Darryl. “I hope to get justice here too,” he added.