86 and fighting for his home: Orissa High Court backs elderly father evicted by son, says he’s entitled to ‘security, dignity’

The Orissa High Court was hearing two writ petitions filed separately by the son challenging the tribunal’s 2025 order and by the father expressing partial dissatisfaction with the same order.

Tribunal’s order to ‘live peacefully’

• Babaji Charan Sahu, the senior citizen, filed a plea before the tribunal in February 2025 against his son, Himanshu Sekhar Sahu, praying for protection of his life and property.
• He stated in the plea that he is an 84-year-old retired government employee and a pension holder living in Baramunda village at his father’s house with his three sons.
• However, he pointed out that some years before, his elder son and middle son both left the said house, and are staying separately with their respective families.
• The elderly man was allegedly staying with his youngest son, Himanshu, in the Baramunda house, but he was forced by his son to leave the said parental house.

• He later stayed with his eldest son for some time and is presently living with his second son in Bhubaneswar.
• The father alleged torture and humiliation at the hands of his youngest son.
• He further stated that he had purchased certain lands in the name of his son, seeking revocation and restoration of title in his own name.
• Subsequently, the tribunal, in its order dated August 7, 2025, directed the son to vacate the ground floor of the said house for the safe living of his father and hand over possession by August 22, 2025.
• The tribunal also directed both parties to live peacefully and restrained the son from abusing or threatening his father, while directing him to show due respect.
• Aggrieved by this order, both the son and the father filed separate writ petitions before the Orissa High Court.

‘Law to ensure social justice to parents’

• The Orissa High Court pointed out that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is beneficial legislation that must be interpreted purposively to advance its objective of ensuring social justice, security, and dignity of senior citizens.
• The court noted that the father, aged 86 years and widowed, was entitled to live in his parental house with security and dignity, and found that the tribunal’s order was in line with the object of the statute.
• The high court noted that the order sheet of the case was prepared based on the submissions of the counsels of both father and son, where it was mentioned that the son is living with his family on the first floor, while the old father is eager to stay to spend the rest of his life in his parental properties.

• The Orissa High Court found no justification for making any interference with the order passed by the tribunal.
• The high court noted that the tribunal’s order was focused on the protection, security and dignity of the senior citizen father.
• It was mentioned that Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, provides a statutory appellate forum to a senior citizen like Babaji Charan Sahu to challenge the previous order passed by the sub-collector.
• The high court dismissed the plea of the elderly man, pointing out that bypassing the statutory appellate forum cannot be entertained under the law.
• Both the pleas filed by the son and father stand dismissed.