Title: Ashish Randev & Anr. vs The State (Govt. Of Nct Of Delhi)
Decided on: 21st July, 2023
+ W.P.(C) 7554/2022 & CM APPL. 23192/2022
CORAM: HON’BLE MR. JUSTICE SUBRAMONIUM PRASAD
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. The case involved protecting the old parents from harassment at the hands of the son and the daughter-in-law. The Court emphasized the objective of the Act to provide inexpensive and speedy protection to senior citizens from ill-treatment and non-maintenance by their children or legal heirs.
The petition was filed by a 90-year-old partially blind and deaf man, along with his 84-year-old wife, seeking eviction of their son and daughter-in-law from the ground floor of their property. The elderly couple alleged harassment from their son and daughter-in-law over the right to reside on the ground floor, which was also occupied by a school run by the old man’s daughter and wife. Due to the COVID-19 pandemic, the school was closed, and the elderly couple, who were bedridden, wanted to reside on the ground floor. However, the son and daughter-in-law objected to this arrangement.
The Tribunal for Maintenance and Welfare of Parents and Senior Citizens directed the eviction of the son and his wife from the property. The appellate authority upheld this decision, which led the son to approach the Delhi High Court, challenging the eviction order.
The Delhi High Court emphasized the objective of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which is to provide inexpensive and speedy protection to senior citizens from ill-treatment and non-maintenance by their children or legal heirs. The Court observed that the Act aims to safeguard the life and property of senior citizens, ensuring they have a shelter over their head and can sustain themselves independently without interference from their children or legal heirs. The Court further reiterated that senior citizens should not be forced to engage in legal battles to obtain possession of their property, and the Act is meant to protect their rights without the need for prolonged litigation.
The High Court upheld the orders of the Tribunal and the Appellate Authority, stating that 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 eviction order for protecting the elderly parents from harassment by their son and daughter-in-law. The Court dismissed the Writ Petition and affirmed the eviction order, ensuring the protection of the elderly couple’s property and well-being. The Court emphasized that the Act provides an effective remedy to senior citizens to seek eviction of children or legal heirs from their property when they refuse or fail to maintain them.
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Written by- Ankit Kaushik