Photo Courtesy: India Today Group
Guwahati: The Gauhati High Court has ordered two sons and their families to vacate the self-acquired home of their 86-year-old father in Dhubri, Assam. Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury dismissed the appeal filed by the sons, upholding a previous decision by the Maintenance Tribunal.
Retired bank employee Jiban Krishna Kundu sought legal relief after claiming his sons harassed and neglected him, making it impossible to live peacefully in his own house. The court determined the family relationship had collapsed and that the presence of the sons threatened the elderly man's safety and dignity.
The sons argued their father was ineligible for protection under the Maintenance and Welfare of Parents and Senior Citizens Act because he receives a pension. The court rejected this defense, noting that financial stability does not guarantee emotional security or peaceful living. Judges clarified that the law covers cases of permissive occupation that infringe upon the rights of seniors, regardless of formal property transfer documents.
The court also dismissed claims brought by the daughters-in-law regarding domestic violence protections, citing a lack of prior proceedings. The appellants have been granted 90 days to leave the property voluntarily, though they are reportedly planning to challenge the ruling in the Supreme Court.
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