Chhattisgarh High Court: A Single Judge Bench comprising of Goutam Bhaduri, J. allowed a petition filed under Section 482 CrPC by a senior citizen couple.
The petitioners, aged 89 and 77 years, were father and mother of Respondent 1. They invoked jurisdiction of the Court by moving an application under Section 24 of Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 for vacating the house by removing their son and daughter-in-law. A police complaint was filed alleging that the petitioners were subjected to torture, cruelty and misbehavior; they were isolated and cornered; made to live in captivity in their own house. The petitioners sought for help. The trial court dismissed the application on the ground that the eviction prayed for was of a civil nature, therefore, the application could not be entertained. The petitioners filed a revision before District and Sessions Judge which was also dismissed. Aggrieved thus, the petitioners were before the High Court.
The High Court referred to the Statement of Objects and Reasons of the Act. It was noted that by virtue of Section 3, the Act has an overriding effect notwithstanding anything inconsistent therewith contained in any other statute. In the instant case, the ownership of the house belonged solely to the petitioner. The Court perused Section 24 and noted that the object is to protect the senior citizens and the provision is intended to provide a preventive remedy which can be granted quickly. Finally, it was observed, the anxiety to stop the right of the abuse of senior citizen(s) is to be made effective, as otherwise, it would be a symbolic collapse of the legal system by not responding to the request or by adhering to the dummy mode by courts. Under the circumstances of the case, the interim application filed by the petitioners seeking eviction of respondents was allowed. District Magistrate was directed to evict the respondents within 30 days. The petition was, thus, allowed. [Pramod Ranjankar v. Arunashankar, 2018 SCC OnLine Chh 548, dated 18-07-2018]
