Son Evicted: Court Backs Father's Right to Peace

In a significant ruling, the Nagpur bench of the Bombay High Court has affirmed a senior citizen's right to evict his son from his property. The court upheld an order directing the eviction of a lawyer son who allegedly harassed his 79-year-old father.

The High Court's decision reinforces the powers granted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It clarifies that authorities can order the eviction of children from properties owned by senior citizens when circumstances warrant it, particularly in cases of harassment or cruel treatment.

The ruling came after the father filed a complaint alleging persistent harassment. While an initial plea was rejected, the Appellate Tribunal overturned this, a decision subsequently validated by the High Court. The court found the father's allegations, including abusive language, to be credible and unrebutted by the son.

The court emphasized that senior citizens cannot be compelled to allow their children to reside with them against their will. It also dismissed the argument that the Act was solely for maintenance, stating it empowers eviction orders. The judgment highlighted the law's objective to protect the dignity and well-being of senior citizens, allowing for eviction with police assistance if non-compliance occurs.