Jharkhand : In a landmark ruling, the Jharkhand High Court has held that elderly parents cannot be forced to suffer harassment in their own house. The court made it clear that if parents and their children cannot live together peacefully, the right to reside in the house rests with the senior citizens.
Justice Rajesh Kumar, hearing a petition filed by an elderly couple from Ramgarh, set aside the Ramgarh Deputy Commissioner’s order and granted relief to the parents, emphasizing that the safety, dignity, and well-being of senior citizens are paramount.
Background of the Case
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The elderly couple (the husband is 75 years old) had built the house from their own earnings.
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They alleged harassment by their son and daughter-in-law, making peaceful cohabitation impossible.
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Invoking the senior citizens’ law, they approached the SDM court.
Conflicting Orders
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In 2022, the SDM ordered the son and daughter-in-law to vacate the house.
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On appeal, the Deputy Commissioner modified that order.
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Aggrieved, the parents moved the High Court.
High Court’s Observations
The court noted that:
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The property is the self-acquired asset of the elderly parents.
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Records show serious differences between the parties.
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When peaceful co-existence under one roof is not possible, the law sides with senior citizens.
The bench underscored that those who spent a lifetime building a home deserve security and dignity in old age.
Purpose of the Senior Citizens’ Law
Referring to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the court said the statute exists to protect the life, property, and dignity of the elderly. It added that children seeking property rights must also discharge their duties toward their parents.
Final Outcome
By quashing the Deputy Commissioner’s order, the High Court reaffirmed that leaving elderly parents unsafe in their own home runs contrary to the intent of the law—a ruling expected to strengthen protections for senior citizens nationwide.
