The parents had moved the Tribunal under Section 5 of the Act highlighting the harassment meted out to them by Namdeo and his wife Geeta. They pointed out that their son and daughter-in-law have been mentally and physically harassing them.
Their plea before the Tribunal further pointed out that their children have forcibly taken possession of part of their house, and they were planning to rent out the same to someone so that their medical expenses can be looked after as Babuji is a heart patient.
On the other hand, the son argued that the father isn’t a heart patient. He questioned the jurisdiction of the Tribunal for ordering his eviction while dealing with a plea filed under Section 5 of the Act.
Considering the submissions, the bench said, “The submission of the counsel for the petitioner that the proceedings under Section 5 of the Act cannot be converted into a suit for eviction, is not wrong as a proposition of law. However, if the senior citizens are harassed and have genuine reasons to perceive that their emotional and or physical well being and security is under threat, I do not see any reason to hold that the Tribunal has no power to direct eviction. I have no hesitation in observing that order of eviction is absolutely necessary in order to ensure the physical and emotional health and safety of the parents,” the Court said.
It, therefore, dismissed the petition.
Source: Barandbench
