Ranchi: In a significant ruling strengthening the rights of senior citizens, the Jharkhand High Court has held that elderly parents cannot be compelled to endure harassment in their own home. The court ruled that if peaceful co-existence between parents and children becomes impossible due to disputes, the right to reside in the house will rest with the parents.
Justice Rajesh Kumar delivered the order while hearing a petition filed by a 75-year-old couple from Ramgarh. The couple stated that they had constructed the house from their own earnings but were facing continuous harassment and conflict with their son and daughter-in-law, making it difficult for them to live there. They had earlier sought protection under the senior citizens’ law before the SDM court.
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SDM order restored
The SDM, after hearing the matter in 2022, had directed the son and daughter-in-law to vacate the house. They challenged the order before the Deputy Commissioner, who modified the original direction. Aggrieved by this, the elderly couple approached the High Court.
After examining the records, the High Court observed that the disputed house was the self-acquired property of the couple and that serious differences existed between the two sides. The court held that when peaceful co-existence in the same house is not possible, the law stands in favour of senior citizens. It set aside the Deputy Commissioner’s order and restored the SDM’s original directive asking the son and daughter-in-law to vacate the premises.
Objective of the senior citizens’ law
The court referred to the Maintenance and Welfare of Parents and Senior Citizens Act, 2000, noting that the legislation was enacted to protect the life, dignity and property of elderly persons. It clarified that children who harass or ill-treat their parents can be evicted from the property, particularly when the house is self-acquired.
The bench also emphasised that if children seek rights in the parents’ property, they must first fulfil their duties towards them. Rights and responsibilities, the court said, cannot be separated.
Key legal message
The ruling is being seen as a landmark in reinforcing the legal protection available to senior citizens. The court underscored that the dignity and safety of the elderly are paramount and they cannot be displaced from their own home.
Legal experts say the judgment will serve as a guiding precedent in cases where parents face harassment within their own property. It reiterates that self-acquired property remains under the full control of the parents, and children can reside there only as long as relations remain harmonious.
With the High Court restoring the SDM’s order, the elderly couple will now be able to live peacefully in their home, while the son and daughter-in-law have been directed to vacate. The ruling sends a strong message of legal protection and support for senior citizens across the country.
About the author — Suvedita Nath is a science student with a growing interest in cybercrime and digital safety. She writes on online activity, cyber threats, and technology-driven risks. Her work focuses on clarity, accuracy, and public awareness.
