A senior citizen can appeal with the Maintenance and Welfare of Parents and Senior Citizens Act (Senior Citizens Act), 2007 to evict adult children if required, and No adult child can force his senior citizen parents to allow him to stay in their house.
Recently Bombay high court has clarified this position in a case brought by a son against his aged mother for having initiated maintenance and eviction proceedings against him and his family under the Senior Citizens Act, 2007.
After the senior Citizen filed a complaint against her son and his family the Tribunal for Welfare of Parents and Senior Citizens had ordered the eviction of her son and his family, invoking Section 4 of the Act. Section 4 casts a duty on adult children/grandchildren to maintain senior citizens.
73-year old Lilabai Shivaji Mane submitted before the High Court that she wanted her son and his family out of her house on account of the mental and physical violence meted out to her by the son and his wife. Lilabai also informed that she had filed several complaints with the authorities for Domestic Violence over the last ten years but no action has been taken.
However, the son pointed out that none of these complaints had yielded any result, therefore, Domestic Violence cases filed by his mother was dismissed.
Justice RD Dhanuka of Bombay High Court found no merit in any of these defences and said “the respondent no.1 [Lilbai] who is 73 years old cannot be compelled to allow the petitioner and his family members to stay with her. It is exclusively for the respondent no.1 to decide whether she wants to permit the petitioner and his family members to stay with her or not.
In this case, the respondent no.1 has decided not to allow the petitioner and his family members to stay with her in the house owned by her. In my view, the Tribunal was thus fully justified in passing an order of eviction not only against the petitioner but also other family members of the petitioner.”
In view of the same, it was reiterated Section 4 of the said Act can be invoked to claim relief against not only the senior citizen’s children but also grandchildren. Therefore, the Court upheld the Tribunal’s eviction order and directed that the son and his family vacate his mother’s house within two weeks. Liberty was also given to the senior citizen to use police assistance to carry out the eviction, if necessary.