Large number of elderly persons neglected due to withering of joint family system : HC

A bench of Justices Girish S Kulkarni and Firdosh P Pooniwalla passed a verdict on appeal by the son, whose mother was allotted the flat by the Slum Rehabilitation Authority, after her husband died in 2015. The Tribunal in September, 2021 asked the son and his wife to vacate the premises, prompting him to approach the HC.

Advocate Harshal N Mirashi for the son argued that he was disabled, and his wife was doing some small work, which was their only source of employment, therefore he should not be vacated from the premises and the Tribunal’s order be set aside.

Advocate Ajit M. Savagave for the respondent mother claimed that her son and daughter-in law began residing in her house without her consent and refused to care for her or provide any medical assistance. Due to harassment meted out by them, she was forced to move to her other son’s smaller house, before filing a plea in the Tribunal. She said the petitioner wanted to illegally oust her to occupy the flat exclusively during her lifetime and that he had recovered from paralysis and was later employed as well.

The bench noted that the intention behind Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was to recognise human values of empathy and traditional norms of Indian society for providing care for elderly.

“However, due to withering of the joint family system, a large number of elderly are not being looked after by their family, consequently, many older persons, particularly widowed women are now forced to spend their twilight years all alone and are exposed to emotional neglect and to lack of physical and financial support. That ageing has become a major social challenge and there is a need to give more attention to the care and protection for the older persons,” the bench observed.

The bench further noted,” ..It is most unfortunate that the mother in the twilight years of her life, after her husband had passed away, instead of receiving love, affection, care and empathy from her sons and their family members (barring the eldest son), was required to take recourse to legal proceedings in approaching the tribunal, being ousted by her son from her house.”

Dismissing the plea, it added, “The feeling of being disowned by one of her sons itself has caused her trauma. None of the parents should suffer this way. In one’s life, there is much more than material things. Proud would be the parents of such children who would have their own achievements on all fronts and not look at the wealth and money of their old parents.”