Can't use laws for elderly to evict family from home: High Court

Ahmedabad: After being evicted from their home in December 2015 by an order of a maintenance tribunal, which the Gujarat high court termed as "cryptic and illegal", Rajesh Gandhi, 43, and his wife Jyoti will now return to their home in Shahibaug. Ironically, Gandhi was ousted from his home by his mother Narayandevi, 85, who had approached lower courts under laws meant for protection of the elderly.Gandhi moved the high court against the order of the sub-divisional magistrate and the Maintenance Tribunal that handed over possession of the house to Narayandevi and left Gandhi and his wife without a roof over their heads.Accepting the arguments of petitioner's counsel, advocate Dhavan Kansara, the Gujarat high court made it clear that authorities cannot evict a person or hand over possession of his house to his mother under Maintenance and Welfare of Parents and Senior Citizens Act.The HC asked the tribunal to hear the case afresh to decide on the aspect of maintenance, because the law is meant to look after elderly people by ordering their kids to maintain them, and the order of the tribunal was silent on that aspect.The HC observed, "In new times, maintaining and taking care of the aged and elderly persons and the parents has posed as a social challenge with decline and dilution of the joint family system."According to case details, Narayandevi approached the authorities last year and complained that his youngest son, who is living with her, was torturing and harassing her since demise of her husband in 2003. She also raised objection to Rajesh's insistence on renovating the house. 

She alleged that she was driven out of her house by her son and daughter-in-law, and had to put up with her daughter in Jashodanagar area. She demanded a maintenance of Rs25,000 per month and possession of the house as well. In October last year, the authorities ordered eviction of her son.The order was implemented with help of local police, who forced the couple out of their house with their belongings.