High Court Upholds Eviction Under Act for Senior Citizens. Discover how courts can evict a daughter-in-law to protect the rights of senior citizens.
Karnataka High Court’s Verdict: Eviction to Safeguard Senior Citizens—Explained
Very recently, the Dharwad Bench of the Karnataka High Court passed a landmark judgment under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as “the Senior Citizens Act”). The senior citizens’ tribunals have the power to direct the eviction of a daughter-in-law if her stay in the house is found to vitiate the rights, privacy, and peaceful living of the elderly parent.
This order is sending ripples across the country as it upholds strong legal protections for senior citizens who face harassment, property disputes, or neglect from family members.
Background of the Case
A mother-in-law approached the Senior Citizens Tribunal alleging that her daughter-in-law was tormenting and pushing her out of her own home. “My peace was being disturbed in my own house,” the mother-in-law told the court.
The tribunal ordered the daughter-in-law to vacate the property. She challenged this order before the High Court, arguing:
- She had the right to reside in the matrimonial home.
- The tribunal lacked jurisdiction to order eviction.
However, the Karnataka High Court dismissed her plea and upheld the eviction order.
Key Legal Provisions Considered
- Section 22 – Protection of Life and Property of Senior Citizens
The Act provides for protecting the life and property of parents and senior citizens. - Rule 20 (Karnataka Rules)
The state rules clearly authorize tribunals to order eviction to protect senior citizens from harassment or property disputes. - Matrimonial Home Rights Are Not Absolute
A daughter-in-law’s right to reside in the matrimonial home does not take precedence over the senior citizen’s property rights—especially when the premises exclusively belong to the parent-in-law.
Court’s Reasoning: Why the Eviction Was Justified
Senior Citizens’ Security Comes First
The court emphasized that the purpose of the Senior Citizens Act is to ensure dignity, welfare, and peaceful living for the elderly.
If their safety or well-being is threatened, authorities must intervene swiftly.
Daughter-in-Law’s Right to Residence Is Relational, Not Absolute
Her right exists only against her husband and not against her mother-in-law’s self-acquired property.
If the house solely belongs to the mother-in-law, she has no right to live there.
Tribunal Has the Power to Order Eviction
The HC reaffirmed that tribunals can:
- Order eviction
- Restore possession
- Prevent harassment
This ensures elderly persons can enjoy their homes without fear.
Protection from Domestic Harassment
The court noted that elderly parents are increasingly facing disputes within their homes—often from children or daughters-in-law—and the Act exists to address such situations.
Why This Ruling Matters
- Reinforces protections for senior citizens across India.
- Ensures family members cannot dominate or misuse an elderly parent’s property.
- Clarifies that tribunals have broader powers than previously thought.
- Serves as a warning for those who mistreat senior family members.
This decision aligns with rulings from the Delhi, Bombay, and Punjab & Haryana High Courts, reinforcing the nationwide legal consensus.
FAQs on the Karnataka HC Senior Citizens Act Ruling
Can a daughter-in-law be evicted from a home owned by her mother-in-law?
Yes. If the property solely belongs to the mother-in-law, the daughter-in-law has no automatic right to stay there.
Can a senior citizen approach the tribunal even if the dispute is within the family?
Absolutely. The rights of a senior citizen under the Act are not weakened by family relationships.
What if the daughter-in-law claims it is her ‘matrimonial home’?
Courts clarify that residence rights apply only if the property belongs to the husband or is a shared household — not the mother-in-law’s exclusive property.
Can senior citizens reclaim property from abusive children or relatives?
Yes. The Act empowers them to seek eviction and restoration of possession.
