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Section 4 – Residence Order – Right of senior citizen to live in peace and without obstruction

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The petitioner – mother, aged 78 years, filed application under Section 4 of the Senior Citizens Act for eviction of son and daughter-in-law from entering the house and to allow her to lead peaceful life in the house. She was forced out of the property from 10.10.2020 by the respondents.

During the pendency of the petition, the petitioner restricted her claim for exclusive possession of one-third portion of the suit house.

However, the Authority directed the respondents not to obstruct possession of the petition over the property.  This was confirmed in appeal.

HELD When a prima facie strong case is made out by senior citizen that it is important for her to live in peace and tranquility, appropriate directions can certainly be issued which may not ultimately affect the rights of the parties.

The manner in which the litigation is fought by the respondents by tooth and nail indicates that the relationship between mother and her son / daughter-in-law is not cordial and therefore, the old lady has a right to stay separately in the house without interference from the respondents.

The opposition of the respondents to the petition is sufficient enough to infer that the petitioner mother cannot be left to the mercy / discretion of the respondents for such stay in the subject house.  An intervention of the Court is absolutely essential.

Judgment dated 25.3.2025 of the High Court of Bombay, Bench at Aurangabad, in Writ Petition No.2902 of 2024 of Usha Late Radheshyam Jhunjhunwala  Vs.  Shankar Late Radheshyam Jhunjhunwala and another

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