Big decision of Jharkhand High Court: Elderly people cannot be thrown out of the house in case of dispute with children, know what are the legal rights.

News India Live, Digital Desk: Jharkhand High Court has taken a strict stance on the increasing cases of family discord and children torturing elderly parents. The court, while hearing a case, ruled that Parents have full right to live peacefully in their homeAnd if children misbehave with them, they may be forced to leave home, not to mention the elderly.

5 important things about the court’s decision

Rights of the elderly at home: The court said that the parents have primary rights over the house which they have built or bought with their earnings. The children’s stay there depends on the permission and affection of the parents, it is not their legal right.

Eviction on harassment: If children (son or daughter-in-law) mentally or physically abuse the elders, parents can throw them out of the house with the help of administration or court.

Maintenance: Citing the ‘Maintenance and Welfare of Parents and Senior Citizens Act, 2007’, the court said that it is the legal duty of children to take care of their parents.

Right to peaceful life: Under Article 21 (Right to Life), the elderly have the right to live with dignity and peace. Family disputes cannot become an obstacle in its path.

Administration Responsibility: The High Court has also directed the district administration and police to take immediate action on the complaints of the elderly, so that they do not feel unsafe in their own homes.

In which case did this decision come?

This decision came on a petition in which an elderly father had appealed against the torture being done by his son and daughter-in-law. The son claimed that he had the right to live there because it was ancestral property. Rejecting this argument, the court said that the honor and safety of parents are above property rights.

What is the legal remedy for the elderly?

If an elderly person is being harassed by their children, they can take these steps:

Complaint in Tribunal: There is a ‘Maintenance Tribunal’ in every district, where complaints can be filed even without a lawyer.

Eviction Application: If the house is in the name of the elder, they can apply to the District Magistrate (DM) or the relevant forum to evict the children.