The Chhattisgarh High Court has delivered a significant ruling on the rights of senior citizens, holding that children who subject elderly parents to mental or physical harassment can be evicted from the family home. The observation came from a single bench of Justice Amitendra Kishore Prasad in Bilaspur while hearing a case involving 93 year old Santosh Khanna.
How the dispute began
Santosh Khanna had filed a complaint against her elder son Devendra Khanna and daughter in law Neerja Khanna, alleging that they continuously harassed her and that her life was under threat. Following this, she approached the Maintenance Tribunal, that is the SDO court, seeking an order to remove the son and daughter in law from the house.
From the tribunal to the appellate court
After hearing the matter, the tribunal ordered on 12 September 2024 that the son and daughter in law must vacate the house. Unhappy with this order, they moved the appellate tribunal, the Collector's court, but their appeal was also dismissed on 25 November 2024.
High Court challenge fails on both fronts
Having lost at both stages, the son and daughter in law filed a petition before the Chhattisgarh High Court, challenging the jurisdiction of the tribunal itself. The High Court, however, upheld the orders of both the tribunal and the appellate tribunal and dismissed the petition.
Maintenance means more than money, court says
In its ruling, the court observed that maintenance does not simply mean providing money or food. It also means giving elderly people the right to live with dignity, security and peace. The court added that if a senior citizen is financially capable but is still being harassed, the law fully entitles that person to protection.
Not about property ownership, only safety
The court clarified that the tribunal had not ruled on ownership of the property at all. Its order was issued solely to ensure the safety and peaceful life of the elderly mother. With this ruling, the son and daughter in law will now have to vacate the house, and the tribunal's order remains in force. The case is linked to the Civil Lines police station area of Bilaspur.
