To Protect Octogenarian Parents, Rajasthan High Court Upholds Eviction Of Their Senior Citizen Son And Daughter-In-Law
While underscoring the mandate and object of the Maintenance and Welfare of Parents and senior Citizens Act 2007, Rajasthan High Court dismissed a petition filed by a senior-citizen couple (petitioner no. 1 & 2) against their eviction from the property of their octogenarian parents (respondents).The bench of Justice Sameer Jain considered that the respondents were octogenarians, who...
While underscoring the mandate and object of the Maintenance and Welfare of Parents and senior Citizens Act 2007, Rajasthan High Court dismissed a petition filed by a senior-citizen couple (petitioner no. 1 & 2) against their eviction from the property of their octogenarian parents (respondents).
The bench of Justice Sameer Jain considered that the respondents were octogenarians, who were allegedly subjected to harassment and threats by the petitioner No. 1 & 2 and the grandson (petitioner no. 3). The Court held that such conduct violated the respondents' right to live with dignity under Article 21 of the Constitution of India.
It was the case of the petitioners that even though the property in question was in the name of the respondent (octogenarian mother), substantial investment was made by the petitioner no. 1 (son).
The petitioners further argued that the respondent no. 2 (octogenarian father) was a retired government employee, receiving pension, while the grandson (petitioner no.3) bore the additional responsibility of his senior-citizen parents (petitioner nos. 1 and 2).
In this light, it was submitted that petitioners' eviction from the property shall result in grave consequences on their livelihood and personal life.
On the contrary, it was argued by the respondents that they were subjected to several instances of abusive conduct, altercations and threats, by the petitioners that had impacted their peaceful living. It was argued that such conduct had created an atmosphere of fear, hostility and insecurity, severely violating their right to live with dignity.
After hearing the contentions, the Court made a reference to the Supreme Court case of S. Vanitha v. Deputy Commissioner, Bengaluru Urban District & Ors. to hold that,
“Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a beneficial legislation enacted to ensure the protection, dignity, and peaceful living of senior citizens, and that appropriate orders, including eviction, may be passed to safeguard such rights…where there is breach of obligation to maintain and protect senior citizens, the competent authorities are well within their jurisdiction to direct eviction of erring children or relatives, so as to secure the senior citizen's right to live with dignity and peace.”
It was also highlighted that its supervisory jurisdiction under Article 227 had to be exercised with caution, and not to act as a court of appeal. Hence, it could not re-appreciate the evidence merely because other view was possible.
The Court further considered the long history of litigation between the parties in relation to the property, and also that the octogenarian-respondents were without any means, while the grandson (petitioner no. 3) was a young and able-bodied individual.
In this background, the Court held that there was no illegality or perversity with the order of the Magistrate, taking into account the facts like long strained relation between the parties, and necessity to ensure a peaceful and dignified life of the respondents who were octogenarians.
Accordingly, the petition was dismissed.
Title: Krishnawtar Nagar & Ors. v Smt. Vimla Devi Nagar
Citation: 2026 LiveLaw (Raj) 173