'Many elderly not being looked after by their families': Bombay High Court

The Bombay High Court on Tuesday said that due to the withering of the joint family system, many elderly people are not being looked after by their families while ordering a man and his wife to vacate his elderly mother's residence in Mumbai.

The bench of Justices GS Kulkarni and Firdosh Pooniwalla said, "Due to withering of the joint family system, many elderly persons are not being looked after by their family."

The High Court further said, "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 older persons."

The case involved a widow who was left alone after her husband's death in 2015.

After her husband's death, one of her sons along with his wife moved into her Mulund tenement and refused to leave. The mother alleged that her son's intention was to take over the property, prompting her to seek legal help from the Senior Citizens Maintenance Tribunal, which ruled in her favour in 2021.

The son, who suffered a paralytic attack in 2019, challenged the tribunal's order in the High Court, claiming disability and unemployment. However, the mother countered that her son had recovered and was employed, while his wife worked at a hospital.

She accused them of neglecting her needs and attempting to grab her property.

HIGH COURT ON CARE FOR ELDERLY

Justices GS Kulkarni and Firdosh Pooniwalla of the Bombay High Court expressed their disappointment at the breakdown of the joint family structure, noting the hardships faced by many elderly individuals, especially widowed women. They emphasised the need for greater care and protection for older persons.

The High Court upheld the Tribunal's decision, stating that it was unfortunate for a mother to be ousted from her home and forced to resort to legal action against her own son.

The High Court highlighted that parents deserve love, affection, and empathy from their children, not the trauma of being disowned for material gain.

The bench ordered the son and his wife to vacate the premises within 15 days or face legal eviction procedures.