The Delhi High Court recently emphasized that senior citizens should not be expected to approach Civil Courts for property possession. Justice Subramonium Prasad, presiding over the bench, underscored the "bounden duty of children to take care of them." The court expressed concern that some children were leaving their parents in difficult situations and forcing elderly individuals to resort to legal battles to obtain financial support.
Brief Facts:
The Delhi High Court reviewed a petition under Article 226 of the Constitution, challenging an eviction order passed by the Divisional Commissioner. The order evicted the son and daughter-in-law of the senior citizen from his property due to allegations of harassment. The senior citizen, over 90 years old and partially blind, preferred living with his caring daughter nearby. The law, Maintenance and Welfare of Parents and Senior Citizens Act, 2007, aims to protect senior citizens, allowing eviction if they face mistreatment or lack maintenance from their children, as per the Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016.
Contentions of the Petitioners:
The petitioners argued that the eviction order was unreasoned, but the court found no fault with the Tribunal and Appellate Authority for entertaining the eviction petition and issuing the order. The property in question belonged to a senior citizen, and the court confirmed the validity of the eviction order under the Act and the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009.
Observations by the Court:
The court elaborated on the reasoning behind the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and cited several previous judgments to support its stance. The court emphasized that the objective of the Act is to provide an inexpensive and expeditious mechanism for protecting the life and property of senior citizens from their children or legal heirs who neglect their duty to provide basic amenities and maintenance.
In the case of "Aarshya Gulati and Ors vs. Government of NCT of Delhi and Ors" (Judgment dated 30.05.2019), a Division bench of the Delhi High Court highlighted that senior citizens, who are entitled to be cared for by their children, should not have to resort to costly and time-consuming legal battles to obtain possession of their own property. The court stressed the importance of providing elderly parents with a simple and efficient process to seek the protection of their property and ensure they can continue to have a roof over their heads without interference from their children.
Another Division bench of the Delhi High Court in the case of "Shadab Khairi & Anr vs. The State & Ors" (Judgment dated 22.02.2018) reiterated the principle of liberal interpretation in a welfare state. The court emphasized that the objective of the Act and the related Rules is to promote the welfare of parents and senior citizens and to protect their lives and property. Therefore, the Maintenance Tribunal constituted under the Act is vested with the power and jurisdiction to render eviction orders when necessary to safeguard the rights and well-being of senior citizens.
Additionally, the High Court of Madras, in the case of "L. Lokesh vs. Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd and Ors" (Judgment dated 2019), emphasized that it is the duty of children to take care of their parents and ensure their well-being. The court expressed its concern over cases where elderly parents have to approach courts to seek financial support from their children, and it stressed the importance of children fulfilling their responsibilities towards their parents in their old age.
The decision of the Court:
Based on these principles and precedents, the Delhi High Court found no fault with the Tribunal and the Appellate Authority for entertaining the eviction petition and passing the order of eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, along with the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009.
Case Name: Ashish Randev & Anr. vs The State (Govt. Of NCT Of Delhi) And Ors.
Coram: Hon’ble Mr. Justice Subramonium Prasad
Case No.: W.P.(C) 7554/2022 & CM APPL. 23192/2022
Advocates of the Petitioners: Mr. Arun Francis and Ms. Veronica Francis, Advocates.
Advocates of the Respondent: Mr. Sameer Vashisht, ASC for R-1 to R-4/GNCTD. Mr. Rajiv Khosla and Mr. Sunil Singh, Advocates for R-5.
Read Judgment @LatestLaws.com
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