Son and daughter-in-law inflicting mental torture on father / father-in-law, a senior citizen, are liable to be evicted from his self-acquired property

The Tribunal constituted under Maintenance and Welfare of Parents and Senior Citizen Act 2007 has the authority to order eviction if it is necessary and expedient to ensure maintenance and protection of senior citizens or the parents.

In the present case, the application is filed by father-in-law against his son and daughter-in-law under S. 22(2) of Act of 2007. Son and daughter-in-law were directed by Court to vacate the quarter which is the self-acquired property of father-in-law.

Son has taken the plea that his salary is insufficient to his family. It is also submitted that in the report of an enquiry conducted by the officer of Magistrate, no physical violence was perpetrated against the father and his wife being daughter-in-law has every right to live with dignity in that house.

Husband and wife conjointly fighting with father-in-law. The case of father-in-law is that both Husband and wife have been subjecting mental torture to him and thus he wants to evict both his son and daughter-in-law from his self-acquired quarter.

In this case, the Court observed that the father is a 70 years old person, ex-serviceman, retired from service. The quarter in question is his self-acquired property. Though physical violence not found in the enquiry, however, the son and her wife used to inflict mental torture upon the father. Hence the order of eviction is not interfered with by the High Court.

Appearing Counsel/s : Mr. Sanjay Kumar Thakur, Mr. Darshana Poddar Mishra, Mr. Vikash Kumar