The Bombay High Court has made a heartfelt appeal for amicable settlement to a brother and sister locked in a bitter legal fight over their parents' property. The court underscored the importance of preserving familial harmony over material gains.
Court's Plea for Familial Harmony
Justice Jitendra Jain, presiding over the case on Friday, addressed the siblings—a 59-year-old brother and a 54-year-old sister, both residents of Ghatkopar West. He expressed that it would be in their best interest to resolve the dispute peacefully to restore their relationship. The judge poignantly reminded them, "After all, the bond between a brother and a sister is sometimes tightly woven, sometimes loosely held but never broken."
The court was hearing an appeal filed by the sister against a November 2018 order from the city civil court. The lower court had refused to accept her written statement in a defamation suit initiated by her brother, citing delay. Justice Jain set aside this order, noting the refusal was erroneous as the proceedings were not properly served to the sister. He permitted her to file her written statement within eight weeks.
Judicial Observations on Sibling Bonds
Justice Jain used the occasion to reflect on the deeper significance of sibling relationships, drawing parallels with Indian festivals. He stated that the facts of the case "remind this court about two festivals viz Raksha Bandhan and Bhaubeej."
"The significance of these two festivals in our country is a reflection of the eternal bond between brothers and sisters, a heartfelt celebration of love, support, trust and protection between siblings," he observed. "However nowadays, sadly, siblings don't stand together but against each other in the court of law."
The judge elaborated on the ideal sibling bond, describing a brother as a sister's shield and strength, and a sister as a mirror to one's soul. He lamented that in today's age, this special bond is often "fraught with disputes, emotional tension or unresolved conflict." Justice Jain attributed the root cause of such broken relationships to "greed, ego and desire of a materialistic life." He concluded with advice for all siblings: "Siblings should learn to give up than to give in to litigation."
Proceedings and Attempts at Reconciliation
During the hearing on December 17, Justice Jain directed both parties to remain present the next day. He sought an undertaking from them not to use abusive language against each other, while allowing them to continue litigating the property claim. The sister, represented by advocate Ramprakash Pandey, agreed to this condition.
However, the brother, through his advocate Arvind Taral, refused to give such an undertaking and insisted on pursuing the defamation suit. The court did not accept the brother's submission to impose heavy costs on the sister, stating that no negligence could be attributed to her. Justice Jain noted that such proceedings were "nothing but an attempt to clog the system."
The case highlights a growing trend of familial disputes over property ending up in lengthy court battles. The Bombay High Court's intervention goes beyond the legal technicalities, aiming to mend the human relationships at the heart of the conflict.
