The Hon’ble Bench of justice Rajashekhar Manta reiterated that children and their spouses living in the senior citizen’s house are at best “licensees” and as such their license will come to an end when the senior citizens are not comfortable with their children.
It is further observed that the above-stated principle has been followed by the Delhi High Court in Sandeep Gulati Vs. Divisional Commissioner and the Punjab and Haryana High Court in the cases of Manmohan Singh Vs. U.T. Chandigarh and Ors, Samsher Singh Vs. District Magistrate, U.T., Chandigarh Gurpreet Singh Vs. State of Punjab
In the present case writ petitioners who are senior citizens sought eviction of their son and daughter-in-law
Moreover, it is noted by the hon’ble bench that “under article 21 of the constitution of India the right of a senior citizen to exclusively reside in his own house is their fundamental right. Further, it is stated that a senior citizen cannot be compelled to approach either a civil court or take recourse to a special Statute like the 2007 Act which would in most cases be extremely erroneous and painful for them instead when senior citizens approach the writ court then the writ court must come to the aid of a Senior Citizen.
The bench further expressed concern that “A nation that cannot take care of its aged, old and infirm citizens cannot be regarded as having achieved complete civilization”