Parents allowed to evict son, his kin: Bombay HC

Mumbai: The Bombay high court has held that a parent is permitted to allow or disallow their son and the son's family to live in the house owned by the parent for as long as they want and can ask them to leave if they are not happy with their presence. The order was passed in a writ petition filed by a son challenging an order of the Tribunal for Welfare of Parents and Senior Citizens, which had directed the son, his wife and his two children to vacate the house of his mother after she complained of violence by the son.  The HC upheld the tribunal order and asked the son and his family to vacate the house within two weeks.

The bench of Justice R D Dhanuka while hearing the challenge to the tribunal order was informed by the son that his mother had lodged a complaint against him, hence the tribunal order asking him, his wife and children to vacate the ho-
use was not valid in law.

Secondly, the son said that the complaints of violence filed by his mother with various authorities had been disposed off and the complaint against him under the provisions of the Protection of Women from Domestic Violence Act, 2005, had also been dismissed for default. Hence, there was no ground for the tribunal to pass eviction orders.

However, the mother's counsel informed the court that she had exclusive possession of the property at Girgaon and had allowed the son and his family to live in her house, but they had resorted to mental harassment and torture for the past ten years as a result of which she had lodged complaints with various police stations.

The mother further held that she had not pursued the complaint as the police had not taken any action.

The complaint lodged by the mother with the tribunal had stated that the son and his family had prevented her access to her home and had also beaten her up as a result of which she suffered injuries to her hands and legs.

After hearing the submissions of the son and perusing the tribunal order and complaints registered by the mother, Justice Dhanuka said that the tribunal order for eviction was justified. He also held that under section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the tribunal had a right to order eviction of the son and grandchildren and hence the son's objection was not maintainable.

Justice Dhanuka while referring to section 23 of the Act said that if the son and grandchildren were causing harm to the senior citizen and not maintaining her she had a right to ask them to vacate the house.

While rejecting the writ petition, the court directed the son and his family to vacate the house within two weeks and also allowed the mother to seek police assistance to allow vacant possession of her house if her son and his family refused to comply.