Senior Citizens – Prayer of parents against son & daughter-in-law for eviction
The petitioners allowed their son and daughter-in-law to reside in their home considering their immediate needs after their marriage. However, after the daughter-in-law started frivolous litigations against them, they approached the Senior Citizens Tribunal for their eviction.
This was allowed by the order dated 18.2.2019. However, the appeal of the daughter-in-law was allowed on the ground that she has right to reside in the house because of pendency of matrimonial proceedings and DV case against the respondent no.3 husband.
HELD that the suit property is the self-acquired property of the petitioners and the son & daughter-in-law have no legal right to reside in that house. They cannot compel the parents to allow them to reside in their property against their desire. As such there is no legal basis for the claim of the respondent no.4 to reside in the petitioner’s house. The petitioners are entitled to invoke provisions of Sections 4 and 5 of the Act of 2007.
The daughter-in-law can independently enforce her right to claim maintenance or right to reside in the property. However, under the pretext of enforcing her rights arising out of any matrimonial proceedings as against her husband, she cannot be allowed to defeat the rights of the parents-in-law which are independently protected under the Senior Citizens Act, 2007.
The competing rights of the daughter-in-law cannot be compromised at the cost of rights of the senior citizens to enjoy their own property independently.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Judgment dated 18.6.2025 of the High Court of Bombay, Aurangabad Bench, in Writ Petition No.7794 of 2020 of Chandiram Anandram Hemanani and others Vs. Senior Citizens Appellate Tribunal and others
