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2015 Supreme(P&H) 2191

IN THE HIGH COURT OF PUNJAB AND HARYANA
PARAMJEET SINGH, J.
Manmohan Singh – Petitioner
Vs.
Union Territory, Chandigarh and Others – Respondents
Civil Writ Petition No. 1365 of 2015
Decided On : 02-11-2015

Advocates Appeared:
For the Petitioner: Navkiran Singh and Navrattan Singh
For the Respondent: Vikram Vir Sharda, Vikas Bahl, Arjun Kundraj

Headnote:

Family Dispute - Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Sections 21, 22, 27, 32 - The court discussed the provisions of the Act and emphasized the duty of the State Government to frame a comprehensive action plan for the protection of life and property of senior citizens. The court highlighted the overriding effect of the Act and the bar on the jurisdiction of civil courts in matters covered by the Act. The court also emphasized the duty of the District Magistrate to ensure the proper implementation of the Act and the need for an enforcement mechanism for the protection of property. The court allowed the writ petition, set aside the impugned order, and directed the respondent to vacate the premises within two months.

Fact of the Case:

The case involved a family dispute between a father and his son and daughter-in-law over the ownership and possession of a house. The son and his family were living in a portion of the house owned by the father, and the father filed a complaint under Sections 21 and 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for eviction of the son from the house.

Finding of the Court:

The court found that the District Magistrate had wrongly held that the son did not have a separate house to live in with his family. The court also noted that the District Magistrate misread the evidence on record and passed the impugned order. The court emphasized the duty of the State Government to frame a comprehensive action plan for the protection of life and property of senior citizens and highlighted the overriding effect of the Act and the bar on the jurisdiction of civil courts in matters covered by the Act.

Issues: The issues involved the ownership and possession of the house, the duty of the District Magistrate to ensure the proper implementation of the Act, and the need for an enforcement mechanism for the protection of property.

Ratio Decidendi: The court held that the provisions of the Act provide for protection of the property of senior citizens and that the jurisdiction of civil court is barred in such matters. The court also emphasized the duty of the State Government to frame a comprehensive action plan for the protection of life and property of senior citizens.

Final Decision: The court allowed the writ petition, set aside the impugned order, and directed the respondent to vacate the premises within two months from the date of receipt of the certified copy of the order.

JUDGMENT :

Paramjeet Singh, J.

This is an avoidable and unfortunate litigation between father, son and daughter-in-law. Challenge in the instant writ petition is to order dated 22.12.2014 (Annexure P/6) passed by respondent No.2 - District Magistrate, Chandigarh.

2. I had the occasion to deal with almost the identical dispute in Ashwinder Singh and another v. Bhagwant Singh and another, 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 analyse 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 p


























































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