Mumbai: Can a son and daughter-in-law compel a senior citizen couple to let them reside in their home?
The answer is a clear ‘no’ – as ruled by a high court.
Reaffirming the rights of an elderly couple, the Aurangabad Bench of Bombay High Court recently ruled that a son and daughter-in-law cannot force their ageing parents to let them live in their house against their wishes.
A bench headed by Justice Prafulla S Khubalkar held that the son and daughter-in-law did not have any legal right to reside in the house, especially when relations had become hostile.
“In any case, the son and daughter-in-law cannot compel their parents to allow them to reside in their property against their desire. As such, there is no legal basis for the claim of respondent No. 4 to reside in the petitioners’ house, and on the contrary, the petitioners are entitled to invoke provisions of the Act to seek eviction of respondent Nos. 3 and 4,” said Justice Khubalkar.
The senior citizen couple had filed a petition challenging the order of an appellate tribunal which ruled in favour of the daughter-in-law, setting aside an earlier direction asking the son and daughter-in-law to vacate the house.
The petitioners submitted before the high court that they had allowed their son and daughter-in-law, who had a love marriage, to reside in their home considering their immediate needs after the wedding.
Relations soon turned sour, as the petitioners alleged that the daughter-in-law began filing frivolous cases against them. The elderly couple approached the senior citizens’ tribunal, seeking eviction of the son and daughter-in-law from their property.
The tribunal allowed their plea, but it was contested by the daughter-in-law. Interestingly, she filed divorce proceedings against her husband, along with proceedings under the Domestic Violence Act and Section 498A against her husband and in-laws.
She contended before the Appellate Tribunal that she had a right to reside in the property in question as the matrimonial proceedings filed by her were still pending.
While allowing her plea, the appellate tribunal denied relief sought by the parents under Senior Citizens Act in the present case.
The senior citizens then approached the high court, where their advocate NS Jain argued that the appellate tribunal had adopted a perverse approach, defeating the object and purpose of Senior Citizens Act. The argument was that the daughter-in-law had filed frivolous and malicious cases against them.
