Jharkhand HC Rules Elderly Parents Cannot Be Forced to Endure Harassment
Jharkhand High Court affirms elderly parents’ right to live peacefully without harassment in their own home.
The Jharkhand High Court has delivered a landmark ruling reinforcing the legal rights of elderly parents to live without harassment in their own homes, holding that adult children cannot forcibly reside with or against the wishes of aged parents if they subject them to mental or physical abuse. The judgment underscores that peaceful coexistence must be the foundation of family living arrangements, and where this is disrupted by mistreatment, the law will act in favour of senior citizens.
The case arose from a petition filed by 75-year-old Lakhan Lal Poddar and his 72-year-old wife, Uma Rani Poddar, residents of Ramgarh district. The couple approached the High Court after alleging that their son, Jitendra Poddar, and daughter-in-law, Ritu Poddar, repeatedly harassed them and prevented them from living peacefully in the house the parents had built and owned outright.
In 2022, the Poddars obtained an order from the Sub-Divisional Magistrate under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, directing the son and daughter-in-law to vacate the property. However, that decision was later reversed by the Ramgarh Deputy Commissioner in 2024 following an appeal, reinstating the children’s right to stay. The elderly couple challenged that appellate decision before the High Court.
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Justice Rajesh Kumar quashed the Deputy Commissioner’s order, reaffirming that a house acquired by elderly parents with their own earnings remains under their exclusive control during their lifetime. The bench clarified that mere inheritance rights do not translate into immediate ownership or residential claims for children while the parents are alive, particularly when cohabitation becomes untenable due to mistreatment.
The court highlighted that the Maintenance Act was enacted to guarantee a dignified, peaceful life for senior citizens and to protect them from abuse or neglect, especially from those who should otherwise care for them. The ruling sends a strong legal message that forcing elderly parents to endure harassment in their own homes is contrary to both the statute’s purpose and fundamental principles of justice.
Legal experts say the judgment aligns with broader judicial trends strengthening protections for senior citizens and clarifies the interplay between inheritance expectations and present rights to property and residence. This decision is expected to influence similar cases nationwide, reinforcing elders’ autonomy over their homes and the judiciary’s role in upholding their dignity and security.
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