Gauhati High Court orders sons to vacate 86-year-old father’s house in Dhubri

The Gauhati High Court has upheld the eviction of two sons and their families from the self-acquired property of their 86-year-old father in Assam’s Dhubri, ruling that senior citizens do not need to be financially helpless to seek protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

A Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury dismissed the appeal filed by the sons against an earlier eviction order passed by the Maintenance Tribunal and later upheld by a Single Judge of the High Court.

The case was filed by retired bank employee Jiban Krishna Kundu, who accused his sons of harassment, neglect and interfering with his peaceful stay at his residence. The Tribunal had earlier concluded that the relationship between the parties had completely broken down and that the continued stay of the sons affected the elderly man’s dignity, safety and peaceful enjoyment of his property.

Rejecting the sons’ argument that their father’s pension made him ineligible for relief under the law, the Court said financial stability alone does not ensure emotional security, dignity or peaceful living for senior citizens.

The Bench also ruled that the law is not limited to cases involving formal property transfers, holding that even permissive occupation by children can be addressed if it deprives senior citizens of safety and peaceful residence.

The Court further dismissed claims raised by the daughters-in-law under the Protection of Women from Domestic Violence Act, noting that no such plea or proceedings had been initiated earlier before any forum.

While dismissing the appeal, the High Court allowed the appellants 90 days to vacate the premises voluntarily, failing which the Tribunal may proceed according to law.

As per sources, the sons will likely move the Supreme Court, challenging the High Court order through an appeal.