Lockdown cannot be used as a pretext for harassing a senior citizen, said the Aurangabad bench of the Bombay High Court while ordering a man to vacate the house of his octogenarian father. The HC has ordered the man to either shift to his own house or rent one at the earliest.
A bench of Justice Vijay Achliya was dealing with a plea filed by a Rahul Jadhav (changed name) challenging the orders of a Tahsildar, who had ordered him to vacate his father's house. The Tahsildar had passed the order while allowing the complaint filed by the father under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The father (86) stated in his complaint that he suffering from various ailments and his son Rahul and daughter-in-law
had made his life so miserable that he was left with no other option except to approach the competent authority for seeking his son's eviction. He further claimed that if Rahul continues to live in his house, it would adversely affect his health and life.
On the other hand, Rahul, in his plea claimed that he was willing to challenge the Tahsildar's eviction orders passed against him on March 3. However, he could not file an appeal before the appellate court owing to the lockdown.
Having considered the contentions, Justice Achliya said, "I am not inclined to entertain the petition for the sole reason that is the impugned order was passed on March 3, while the lockdown was declared much later. I believe that Rahul had a period of more than 20 days to file appeal."
"Filing of such petition under the pretext that due to lock-down the appeal could not be filed is nothing but an attempt to any-how continue to occupy his father's house," the judge noted.
The bench then noted that Rahul had purchased a house near Bhusawal and was likely to get its possession within two months.
"In that view, Rahul is having his own house and can shift to his house. For any reason the possession of house even if delayed, he can still make alternate
arrangement. He can secure the premises on rent," Justice Achliya said.
"On the pretext of lockdown, the old father can not be made to suffer at the
hands of Rahul. I am, therefore, inclined to dismiss the petition," Justice Achliya ruled.