By NE NOW NEWS
Guwahati: The Gauhati High Court has upheld an eviction order directing two sons and their families to vacate the self-acquired property of their 86-year-old father in Assam’s Dhubri district, reinforcing that protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is not dependent on the financial condition of the elderly.
A Division Bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury rejected the appeal against an earlier decision of the Maintenance Tribunal, which had been affirmed by a Single Judge of the High Court.
The dispute was initiated by retired banker Jiban Krishna Kundu, who alleged that his sons subjected him to neglect and harassment and disrupted his peaceful stay at his residence. The Tribunal had found that the familial relationship had irretrievably broken down, and that the sons’ continued presence compromised his dignity, safety, and right to peaceful living.
The Court dismissed the contention that the father’s pension made him ineligible for relief, observing that monetary independence does not guarantee emotional well-being or secure living conditions for senior citizens.
It further clarified that the scope of the senior citizens’ law extends beyond formal transfer of property, and even permissive occupation by family members can be withdrawn if it affects the well-being and peaceful possession of the elderly owner.
Claims raised by the daughters-in-law under the Protection of Women from Domestic Violence Act were also rejected, with the Court noting that no prior proceedings had been initiated on that basis before any competent authority.
The High Court granted the appellants 90 days to vacate the premises voluntarily, after which enforcement action may be taken in accordance with the law.
According to sources, the sons have approached the Supreme Court challenging the verdict.