Legal provisions involved: Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Judgment by: The Karnataka High Court

Judge: Justice M. Nagaprasanna

Facts

After her husband passed away, the daughter-in-law (petitioner) and her children continued to live in her mother-in-law’s (senior citizen) house. Their relationship turned bad, and the mother-in-law was made to stay in a small outhouse while the main house was kept by the petitioner, who later even moved to Andhra Pradesh. Feeling disrespected and without proper access to her own home, the senior citizen approached the Assistant Commissioner for help and asked for eviction of the petitioner.

Key legal provisions

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Issues raised

Whether the eviction order made against the daughter-in-law is necessary for safeguarding the mother-in-law’s welfare and dignity?

Arguments of the case

The petitioner argued that she had the right to stay in the house after her husband’s death. The mother-in-law argued that she was being denied a respectful and safe place in her own house, which went against the purpose of the Senior Citizens Act.

Judgement 

The Karnataka High Court agreed with the Assistant Commissioner’s decision and upheld the eviction order. The court said that eviction can be ordered only in special situations for protecting a senior citizen’s rights. Here, the mother-in-law’s dignity was clearly affected as she was pushed into an outhouse. Therefore, the daughter-in-law was ordered to vacate the house and hand over possession to the senior citizen.

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