1 month ago
Chhattisgarh High Court Upholds Senior Citizen's Right to Home
An 80-year-old woman in Chhattisgarh, India, went to court to get her house back from her son.
The court said yes, even though there is a bigger fight about who owns the house.
The court wants to make sure the mom has a safe place to live.
The son has to leave the house and give his mom money every month.
The bigger fight about who owns the house will still happen in another court.
Chhattisgarh High Court ordered Ramdayal Sahu to vacate his mother Hemkunwar's house and pay her monthly maintenance.
The court ruled that authorities can protect a senior citizen's well-being even if property ownership is pending.
Hemkunwar, an 80-year-old widow, complained that her son forcibly occupied the house built under the Pradhan Mantri Awas Yojana.
The maintenance tribunal and appellate tribunal directed the eviction and monthly maintenance payments of Rs 1,500 each by Sahu and his brothers.
The high court clarified that its decision does not prejudice the pending civil suit about ownership, partition, and inheritance.
- Who
- Hemkunwar (80-year-old mother) and her son Ramdayal Sahu (65)
- What
- Chhattisgarh High Court ruled in favor of the mother, ordering her son to vacate the house and pay maintenance
- Where
- Village Kanchanpur, Raigarh district, Chhattisgarh
- When
- The court's decision was made on July 17, 2024, and the appeal was dismissed on August 7, 2024
- Why
- To uphold the dignity and respect of the senior citizen and ensure her well-being and protection
Key facts
- Act
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Petitioner
- Ramdayal Sahu
- Respondent
- Hemkunwar (Mother)
- Court
- Chhattisgarh High Court
- Maintenance Amount
- Rs 1,500 per month per son
- Property Location
- Village Kanchanpur, Raigarh district, Chhattisgarh
- Property Scheme
- Pradhan Mantri Awas Yojana
- Land Type
- Abadi land
Quotes
Chhattisgarh High Court
The judicial body that made the ruling
“"The Parliament enacted the Act of 2007 to uphold the dignity and respect of a senior citizen at the time of old age. State had serious concern about the challenges faced by the people in their old age. Apart from physical vulnerabilities, they face emotional and psychological challenges. On account of these frailties, they are totally dependent. The moral laws formulated through the legislation is necessary to rationalise the well-being of all in the society."”
indianexpress.com
Sources
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