Hyderabad: Stating that the breaking up of the joint family system had led to an increasing community of hapless elders, the Telangana High Court said parents do not need not complete 60 years of age to claim maintenance from their children and protection of property under the law.
Justice Naveen Rao Punugoti was hearing a petition by a Ms V. Siva Lakshmi, 59, of Addagutta, during which he interpreted the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the State Act, 2011.
Ms Lakshmi alleged that her son and daughter-in-law had harassed her and forcibly thrown her out of her own flat. She sought police protection and possession of her flat.
Justice Rao said that irrespective of age, a parent, whether a senior citizen (above 60 years) or not, was entitled to protections provided by the law including maintenance, protection of property and restoration of possession in case of forced dispossession by their children.
Justice Rao noted that the primary object of the Act was to protect senior citizens and parents in general from deprivation and to provide them with basic amenities.
Mr Mirza Nisar Ahmed Baig, counsel for the petitioner, said Ms Lakshmi was entitled to protection under the Act in all respects. Ms Lakshmi’s son, daughter-in-law and the government pleader said she was not a senior citizen and therefore the provisions of the Central and state Acts were not applicable.
Later, Ms Lakshmi’s son and daughter-in-law filed an affidavit stating that they would take care of her. The court appreciated their stand and hoped that there would not be any resistance from them to put the petitioner back in possession of her property. The court directed the police to give protection to Ms Lakshmi and to restore possession of her property within three weeks.
