‘Elderly Parents Cannot Be Compelled To House Son, Daughter-In-Law’: Bombay HC Rules in Favour of Senior Citizens
‘Elderly Parents Cannot Be Compelled To House Son, Daughter-In-Law’: Bombay HC Rules in Favour of Senior Citizens
Aurangabad bench upholds senior couple’s right to evict son and daughter-in-law from self-acquired property
In a significant ruling protecting the rights of elderly citizens, the Aurangabad bench of the Bombay High Court has held that parents cannot be forced to allow their son and daughter-in-law to reside in their self-acquired home against their wishes. The court asserted that senior citizens are entitled to peaceful enjoyment of their property under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Justice Prafulla Khubalkar delivered the verdict while setting aside a 2020 order of the Senior Citizens Appellate Tribunal, reinstating a 2019 eviction order passed by the Sub-Divisional Officer in favour of a senior couple from Nandurbar. The court directed the son and daughter-in-law to vacate the premises within 30 days, stating that they had no legal entitlement to live there.
“The son and daughter-in-law cannot compel their parents to allow them to reside in their property against their desire,” Justice Khubalkar observed.
The elderly couple had approached authorities in 2019 to evict their son and daughter-in-law from the bungalow they had purchased in 2008 with their own savings. The initial order favoured them, but the daughter-in-law challenged it, citing ongoing matrimonial and domestic violence proceedings, claiming a right to residence. The Appellate Tribunal then reversed the eviction, treating the matter as a civil dispute.
However, Justice Khubalkar found that the Tribunal had erred in its interpretation. He noted that the daughter-in-law had since purchased her own residence in 2021 but continued occupying a portion of the in-laws’ home. Further, she and her husband had failed to comply with a 2022 court directive to pay ₹20,000 per month as occupation charges.
“There is no document establishing any ownership or residence right of the respondents,” the judge said. “On the contrary, the petitioners are entitled to invoke provisions of the 2007 Act to seek eviction. Despite having her own independent residence, she has continued to occupy the petitioners’ property without any lawful authority. This conduct is deprecated.”
The court clarified that while the daughter-in-law may pursue her rights to maintenance or other matrimonial claims through appropriate legal channels, these do not supersede the rights granted to senior citizens under the 2007 Act.
The High Court ordered the couple to vacate the house within a month, settle all arrears as per the earlier court ruling, and pay the legal costs incurred by the petitioners.
