The Supreme Court has recently raised concerns over the disintegration of familial bonds, cautioning that Indian society is drifting towards a scenario where individuals may soon find themselves living in isolation within their own households. A Bench comprising Justice Pankaj Mithal and Justice SVN Bhatti, while adjudicating a property dispute between a senior citizen and her eldest son, remarked that the traditional concept of family unity is under severe strain.
"In India, we believe in ‘Vasudhaiva Kutumbakam’—that the entire world is one family. However, today we are not even able to retain unity within our immediate families, let alone extend this philosophy to the world. The very concept of ‘family’ is being eroded, and we are on the brink of ‘one person, one family,’” the Bench observed.
The case involved a 68-year-old woman from Sultanpur, Uttar Pradesh, who sought the eviction of her eldest son from the family residence. The dispute had its roots in conflicts over property and financial obligations. The woman and her late husband, parents to five children, had experienced growing discord with their eldest son, who had taken control of the family business.
In 2014, the husband accused the son of mistreatment and sought intervention from local authorities. Subsequently, in 2017, the couple approached a family court for maintenance, which ruled in their favor, directing two sons to provide financial support. In 2019, they initiated eviction proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act. While the maintenance tribunal restricted the eldest son from encroaching upon the house, it did not order eviction. Dissatisfied, the couple appealed to the appellate tribunal, which ruled in their favor. However, the Allahabad High Court overturned this decision, leading the woman to approach the Supreme Court after her husband’s demise.
The Supreme Court upheld the High Court’s ruling, clarifying that the Maintenance and Welfare of Parents and Senior Citizens Act does not expressly provide for eviction from property. The Bench noted that if the house had been the self-acquired property of the deceased husband and subsequently transferred to third parties, neither he nor his widow retained ownership, thereby nullifying any legal standing to seek eviction.
“If the claim that the house was the husband’s self-acquired property is accepted, then after he transferred it to his daughters and son-in-law, neither he nor his wife retained ownership over it. Consequently, the couple would have had no legal standing to seek the eviction of anyone residing in the house,” the Court ruled.
The Court further clarified that while the Senior Citizens Act aims to ensure the welfare and protection of elderly parents, eviction under the statute can only be considered if it is necessary to secure their safety and well-being. In the present case, the Court found no compelling grounds warranting the removal of the son, particularly when he was providing financial support.
Case Title: Samtola Devi v. State Of Uttar Pradesh & Ors.
Case No.: S.L.P. (C) No. 26651 of 2023
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