Senior Citizen Cannot Be Expected To Knock Door Of Civil Courts: Delhi HC Upholds Eviction Order Against Son For Harassing Father

The Delhi High Court recently dismissed a Writ Petition filed under Article 226 challenging an order of eviction passed by a District Magistrate in Delhi and affirmed by the Divisional Commissioner, GNCTD (Appellate Authority) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for protecting the old parents from harassment at the hands of the son and the daughter-in-law.

The Single Judge Bench of Justice Subramonium Prasad relied on an earlier judgment of the High Court and observed that "the objective of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is to provide inexpensive and speedy procedure for the protection of life and property of the senior citizens from the children / legal heirs, who are expected to maintain parents / senior citizens by providing the basic amenities and physical needs but refuse or fail to maintain / provide basic amenities which conduct shall amount to ill-treatment and non-maintenance and shall be a ground for parents / senior citizens to seek eviction of children / legal heir from the property, which is the only way for them to seek the protection of their property so that, they continue to have shelter over their head, and sustain themselves independently without interference from their children / legal heirs."

Justice Prasad also reiterated the fact that "a senior citizen cannot be expected to knock the door of Civil Courts to file a legal battle to obtain possession of the property."

The Petitioner was represented by Advocates Arun Francis and Veronica Francis while the Respondents were represented by Advocates Rajiv Khosla and Sunil Singh.

Background: A 90-year-old man, who is partially blind and deaf, along with his 84-year-old wife, had filed an eviction petition against their son and daughter-in-law for harassing them over the right to reside on the ground floor of the property, which has two floors. In their eviction petition, the elderly couple stated that there was a school operational on the ground floor of their property, run by the old man's daughter and wife. However, due to Covid-19, the school was closed both the old age couple were bedridden and wanted to reside on the ground floor which was not to the liking of the son and the daughter-in-law.

Later, on April December 21, 2021, the Tribunal for Maintenance and Welfare of Parents and Senior Citizens directed that the son and his wife should be evicted from the property in question which was further upheld by the appellate authority. Being aggrieved with the same, the son approached the High Court.

Noting the contentions, the High Court in its order observed that "The Appellate Authority, after taking into account the fact that the Respondent No.5 is more than 90 years of age and his wife is 86 years of age and also considering the various police complaints, entertained the petition and has arrived at a conclusion that the Respondent No.5 is entitled to the benefit under the Senior Citizens Act, 2007 and the District Magistrate was well within its rights under the Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016 to pass an Order of Eviction protecting the old parents from harassment at the hands of the son and the daughter-in-law who according to the Applicant/Respondent No.5 are only interested in forcing him to vacate the ground floor of the property in question."

Further, noting the report of the Grievance Cell which revealed that the matter primarily pertains to a property dispute between the father and son, the High Court stated that "The said report is irrelevant for the present case because there cannot be a dispute in respect of the property in question, which stands in the name of Respondent No.5 himself. Therefore, the reason given by the Grievance Cell that it is a property dispute is unsustainable under law."

Accordingly, finding no fault with the orders of the Tribunal and the Appellate Authority, the High Court dismissed the Petition.

Cause Title: Ashish Randev & Anr v. the State (Govt. Of Nct Of Delhi) And Ors. [W.P.(C) 7554/2022]

Click here to read/download the Order