Property
Despite maintenance, elderly parents can evict children from property: HC | Chandigarh News
CHANDIGARH: The Punjab and Haryana high court has made it clear that mere payment of maintenance to elderly parents does not mean that they cannot seek eviction of their children from property occupied by them.
Justice Vikas Bahl passed the orders while allowing a petition filed by Gurdev Kaur, a 90-year-old widow from Punjab’s Hoshiarpur district. of her house by her son who had been given a compassionate appointment on the death of her husband.
Justice Bahl ordered the Hoshiarpur deputy commissioner to take help of the senior superintendent of police (SSP) to take possession of the house and act against anyone trying to obstruct the order.
The woman had been running from pillar to post since 2015 to get her rightful due. She had approached the high court seeking directions to implement an order passed by a Hoshiarpur district magistrate on Aug 23, 2018, ordering her son to pay Rs 3,000 per month as maintenance allowance and hand over the possession of the house owned by her.
The order passed under the provisions of Maintenance & Welfare of Parents & Senior Citizens Act, 2007, was challenged by her son before the high court. His plea was dismissed on April 5, 2022. Still, the petitioner was not given possession of the house.
Son’s conduct most unfortunate: HC
He had raised the argument that since, during the pendency of the writ petition, he paid arrears of maintenance, his mother cannot seek eviction from the premises.
“Once the petitioner has accepted the mainte nance, she cannot seek eviction,” his counsel had argued. After hearing all the parties, the HC has held that the conduct of the son was most unfortunate.
“The petitioner is a 90-year-old widow and had given birth to respondent no. 3 (petitioner’s son). He had thrown out the petitioner from her house and that she was living in a small, rented accommodation, whereas the son was drawing a salary of Rs 45,000 per month and not paying any maintenance to the petitioner,” observed the HC, directing the petitioner’s son to vacate the house and pay her maintenance.
Justice Vikas Bahl passed the orders while allowing a petition filed by Gurdev Kaur, a 90-year-old widow from Punjab’s Hoshiarpur district. of her house by her son who had been given a compassionate appointment on the death of her husband.
Justice Bahl ordered the Hoshiarpur deputy commissioner to take help of the senior superintendent of police (SSP) to take possession of the house and act against anyone trying to obstruct the order.
The woman had been running from pillar to post since 2015 to get her rightful due. She had approached the high court seeking directions to implement an order passed by a Hoshiarpur district magistrate on Aug 23, 2018, ordering her son to pay Rs 3,000 per month as maintenance allowance and hand over the possession of the house owned by her.
The order passed under the provisions of Maintenance & Welfare of Parents & Senior Citizens Act, 2007, was challenged by her son before the high court. His plea was dismissed on April 5, 2022. Still, the petitioner was not given possession of the house.
Son’s conduct most unfortunate: HC
He had raised the argument that since, during the pendency of the writ petition, he paid arrears of maintenance, his mother cannot seek eviction from the premises.
“Once the petitioner has accepted the mainte nance, she cannot seek eviction,” his counsel had argued. After hearing all the parties, the HC has held that the conduct of the son was most unfortunate.
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“The petitioner is a 90-year-old widow and had given birth to respondent no. 3 (petitioner’s son). He had thrown out the petitioner from her house and that she was living in a small, rented accommodation, whereas the son was drawing a salary of Rs 45,000 per month and not paying any maintenance to the petitioner,” observed the HC, directing the petitioner’s son to vacate the house and pay her maintenance.
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