The Bombay High Court has urged a brother and sister from Ghatkopar West, locked in a bitter property dispute, to resolve their differences amicably and restore peace in their relationship, reminding them of the enduring bond between siblings.
Justice Jitendra Jain made the observation while hearing an appeal filed by a 54-year-old woman against a November 2018 order of a city civil court, which had refused to take her written statement on record due to delay in a defamation suit filed by her 59-year-old brother.
Court recalls cultural bond between siblings
While allowing the appeal, Justice Jain reflected on the emotional and cultural significance of sibling relationships, referring to festivals such as Raksha Bandhan and Bhaubeej as symbols of love, trust and protection between brothers and sisters.
“After all, the bond between a brother and a sister is sometimes tightly woven, sometimes loosely held but never broken,” the judge observed, adding that courts today increasingly witness siblings standing against each other rather than together.
He noted that disputes between siblings are often rooted in greed, ego and materialistic desires, and urged family members to consider reconciliation over prolonged litigation.
Undertaking sought, brother declines
On December 17, the court had directed both siblings to remain present and sought an undertaking that they would refrain from using abusive language against each other, while remaining free to pursue legal claims over the property.
The sister, represented by advocate Ramprakash Pandey, agreed to the undertaking. However, the brother declined and insisted on continuing with the defamation proceedings.
Trial court order set aside
Justice Jain set aside the trial court’s refusal to condone the delay, noting that the proceedings had not been duly served on the sister and that no negligence could be attributed to her. He permitted her to file her written statement within eight weeks.
The court also rejected a plea by the brother’s counsel, advocate Arvind Taral, to impose heavy costs on the sister, observing that such a measure was unwarranted in the circumstances.
Litigation clogs system, court observes
Describing the case as “an attempt to clog the system”, Justice Jain lamented the growing number of family disputes reaching courts. He observed that in times of hardship, siblings are traditionally expected to support and protect each other, a value that is increasingly under strain.
Concluding his order, the judge remarked that siblings should learn “to give up rather than give in to litigation”, underlining the importance of preserving family bonds even amid disagreements.