HC: Senior citizens can’t be forced to give shelter to their kids, grandkids

In a significant ruling, the Bombay High Court has said no one can force their parents, mostly senior citizens, to allow their children and grandchildren to stay in their house. The HC held it as an ‘exclusive’ right of the senior citizens to decide if they want to allow their children and also grandchildren, to enter their house.

A single-judge bench of Justice Ramesh Dhanuka while delivering the ruling, directed a south Mumbaibased man to vacate the house, owned by his 73-yearold mother.

Justice Dhanuka held, “In my view, no child can compel his parents and more particularly senior citizens to allow such child or grandchild to stay with them in their house. It is exclusively for the senior citizens to decide whether they want to permit their children and grandchildren to stay with them or not.”

The ruling was delivered while dismissing the plea of Dattatrey Mane challenging the orders of the Tribunal for Welfare of Parents and Senior Citizens, passed in response to a complaint filed by his mother. The mother – Lilabai Mane, had filed a complaint in the Tribunal seeking eviction of her son and his wife and children, from her Girgaon-based flat. The mother had also filed several complaints with the local police accusing her son and his family of continuously harassing and assaulting her.

Before the HC, Lilabai argued that she does not have any major source of income and thus wants to rent out a portion of the flat. She even highlighted the fact that her son and his family never looked after her and instead kept on harassing and abusing her on a daily basis. She argued that despite the fact of her son and daughter-in-law, both are earning a handsome amount, the couple never maintained her.

Lilabai, accordingly sought their eviction claiming she has no major source of income and that she cannot be forced to live with them, in the house, owned by her.

The son – Dattatrey, on the other hand, argued that the Tribunal firstly had no powers to entertain the plea of his mother and secondly could not have passed any orders for ousting his family.

Having considered the submissions, Justice Dhanuka said, “The provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, permits a senior citizen including a parent who is unable to maintain himself from his earning or out of property owned by him, to apply for an eviction of not only his children but also the grandchildren. The Act is enacted for the benefit and protection of the senior citizen from his children or grandchildren.”

“The argument of the son that there was no action from the police in response to the complaints filed by the mother, cannot be accepted. Merely because the police station has not taken any action on those complaints, the son cannot be allowed to urge that he and his family members have not harassed or tortured the mother,” he added.

The HC held it as an ‘exclusive’ right of the senior citizens to decide if they want to allow their children and also grandchildren, to enter their house.