The central legal point established in the judgment is the obligation to maintain aged relatives under the Maintenance and Welfare of Parents and Senior Citizens Act, and the limitations on the jurisdiction of civil courts in matters covered by the Act.

PARAMJEET SINGH, J.

This is an avoidable and unfortunate litigation between son and father. Challenge in the instant writ petition is to order dated 07.10.2014 (Annexure P-5) passed by respondent No. 3 and order dated 30.04.2015 (Annexure P-9) passed by respondent No. 4.

2. I had the occasion to deal with almost the identical dispute in Ashwinder Singh v. Bhagwant Singh, 2014 (3) R.C.R. (Civil), 906. It would be apposite to reproduce relevant paragraphs:-

“This unfortunate regular second appeal is a poignant reminder of decaying social values and traditions in our country. The case is telltale story of how children have become detached in today's commercialized world and are making attempts to throw out their aged parents from the property which the parents have acquired during their lifetime. It is perfect example of children becoming insensate towards parents/senior citizens.

“Maatru Devo Bhava” (revere your mother as God) and “Pitro Devo Bhava” (revere your father as God) is a well-known proverb.

2. On page 1200 of Sri. Guru Granth Sahib, Sri. Guru Ram Dass has written that “KAAHAY POOT JHAGRAT HA-O SANG BAAP/JIN KAY JANAY BADEERAY TUM HA-O TIN SIO JHAGRAT PAAP//” (O son, why do you argue with your father? It is a sin to argue with the one who fathered you and raised you.).

3. The above words of prudence guide us that we have to treat our parents as God. Modernization, technological advancement and social liability have changed our life-style and values. Sadly, our bent of mind and responsibility towards parents has degenerated. We have forgotten about Sharavan Kumar, who placed his blind parents in two baskets and carried the baskets on his shoulder to various places of pilgrimage. We have also forgotten the duties of a son towards aged parents. We have completely given up our ancient traditions when parents were most revered and respected.”

3. Over the years the law has become more complicated and more involved in the different areas of people's lives. Sometimes the law appears to be meddling and intrusive particularly in family disputes and private life. There has to be a balance between people's right to live and the right of the law to intervene on behalf of the society. The balance between the needs of society and people's individual rights applies to families too.

4. Family has been the dominating institution, both in the life of the individual and in the society. It is a basic, cohesive and integral unit of larger social system. We are seeing rapidly changing family scenario. Our children will always be our children. The parents believe in trial and error principles so far children are concerned. Even though parents do all right things for children specifically children and their families, but many a times, children feel that they are not being treated equally and this results into tearing break ups which is very anguishing for the parents. This happens when tension rises beyond bearable level. At this stage, there is a need for trained therapist practicing in this field. When efforts to effect compromise/settlement fail, can there be any good reason to keep cause of trouble under the same roof? Introspection by one and all can play a pivotal role in brushing aside the differences and bringing back the peace and harmony in the family. Everyone should analyze what his/her heart says. Parents and children should think calmly and not on the basis of pure emotion before drawing a line in the sand, one should be fully convinced that his/her actions are not based on anger or fear. The idea of fate exists in all human cultures, and was developed as a way of dealing with difficult decisions those make us uncomfortable. We invoke fate to say, it is out of my hand now, there is nothing I can do. When no positive results are in sight only then parents should ask the children politely but firmly to pack things and leave the house.

5. What expectations are the legitimate in the relationship between adult children and elderly pa