(Dr Khushalchand Baheti)
Aurangabad, Sept 22: Senior Citizens Act mandates that children or relatives are obligated to cater to the needs of the senior citizens so that they 'live a normal life', free of any harassment. With these observations, Bombay High Court directed a man and his wife to vacate elderly parents' flat. Living on 90-year-old father's property against his wishes is harassment and defeats the parents' right to a 'normal life,’ observed the HC.
Vinod Dalal (90) and his 89 years old wife were residing in a flat they owned on Juhu Road, Mumbai. They had gifted it to two daughters. The daughters allowed parents to stay in it. This did not go well with son Ashish and his wife. They started to harass the couple so that the flat can be grabbed. So, the father approached Senior Citizens Maintenance Tribunal. The Tribunal ordered Ashish and family to vacate the flat.
Challenging the Tribunal's order, Ashish and wife filed a petition in the HC. It was contended that parents have gifted the flat to their daughters. So they have no rights in it. The HC rejected this noting that they have rights and interests in it. This is a sad story of desperate parents who intend to be in peace at such an advanced stage in life. Whether such bare minimum expectations and requirement should also be deprived to them by an affluent son? The HC asked and upheld the Tribunal order.
BOX :
Daughters have no objection to parents continuing to stay lifelong in the flat. On the other hand, son and his wife despite having sufficient independent properties intend to impose themselves on the parents which itself is a harassment. On this, the HC said it appears that there is certainly some element of truth in the popular saying “Daughters are daughters forever and sons are sons till they are married,” albeit there would surely be exemplary exceptions.
BOX :
*The legislature enacted Senior Citizen’s Protection Act in the interest of senior citizens. It covers a wide spectrum of the senior citizens rights, which are fundamental to the their very survival and livelihood at their old age.
*The Court's approach cannot be narrow and pedantic in applying the provisions of this Act to solve the grievances of the senior citizens.
*Term normal life has far deeper and wider concept. It has bearing on fundamental rights of livelihood as guaranteed by the Constitution to senior citizens under Article 21.
*Property means movable or immovable, ancestral or self acquired, tangible or intangible and includes rights or interest in such property.
(Justice G S KULKARNI)