A Supreme Court judge has ordered a son to sell his share of a Richmond home after his mom alleged elder abuse.
Shish Prasad, who lives with her son and daughter-in-law in a Steveston home, had filed a civil claim with the help of her daughter, Nancy, saying she no longer wished to live with them.
“During my years of living with Dinesh and his wife, Aruna has frequently been abusive and disrespectful to me, to the extent that I no [longer] feel comfortable living in the same property with them,” reads the court document.
Shish, 78, lives on the lower floor and basement while her son, Dinesh Prasad, lives upstairs with his wife Aruna and son Derrick. Shish had “declining health conditions” including “back and arthritis problems,” and she was “prone to panic attacks easily.”
According to Shish, Aruna would get “angry and frustrated” if she invited guests to visit. Aruna had also allegedly opened Shish’s mail and went over her personal items without getting permission.
“I am afraid to confront her directly because l am worried that she would be violent or abusive if I did so, and I also do not want to cause tension in her relationship with my son,” she added.
Derrick, who is representing his father (Dinesh), denied Shish’s claims.
“There is no abusive conduct from Aruna towards Shish. Shish is never happy and exudes constant negative energy,” Derrick told the court, adding that the current “stable and routine environment” helps to address his father’s schizophrenia. Shish and Nancy (Dinesh’s sister) said they were not aware of Dinesh’s condition.
“I wish to live happily and in peace,” Shish told the court.
“… and although it is considered traditional and a cultural norm for elderly Indian individuals to live with her adult children, I can no longer tolerate living together with Dinesh and Aruna because the situation at home is so terrible.”
In his judgment, Justice Gordon Funt acknowledged that “significant family discord” has “a pernicious effect” on Shish. Shish is also the primary owner of the house and does not appear to be acting “in bad faith or with malice,” wrote Funt.
Although Funt agreed the existing living arrangement was helpful for Dinesh, he was satisfied Dinesh would be able to move to another place “without significant risk” with support from his family and clinical psychiatrist.
Dinesh was ordered to sell his share of the Steveston home subject to Court approval.
Costs were also awarded to Shish and Nancy to cover legal expenses as they were “substantially successful” in their application.
