RAMAPADA BASAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) It is submitted by the learned advocate for the State and the Officer-in-charge, Taherpur Police Station that the order dtd. 12/7/2021 has been carried out and the private respondents have been escorted out of the premises of the writ petitioners.

(2.) Learned counsel for the writ petitioners confirms the same. There is also a letter in writing dtd. 20/7/2021 issued by the writ petitioners to the Officer-in-charge, Taherpur Police Station confirming the above.

(3.) It is now well settled that the children and their spouses living in the senior citizen's house are at best "licensees". Such licence comes to an end once the senior citizens are not comfortable with their children and their families. This principle has also been followed by the Delhi High Court in in WP(C) 2761/2020 (Sandeep Gulati Vs. Divisional Commissioner), decided on 13/3/2020 and the Punjab and Haryana High Court in the cases of (a) Manmohan Singh Vs. U.T. Chandigarh and Ors. (Case No. 1365/2015), (b) Samsher Singh Vs. District Magistrate, U.T. Chandigarh (Case No. 2017 CWP 6365) and (c) Gurpreet Singh Vs. State of Punjab (Case No. 2016(1) RCR (Civil) 324) Two issues would come up for consideration. The first of which is the availability of alternative remedy under the provisions of the Maintenance and Welfare of Parents Senior Citizens Act, 2007. The other is a right of a daughter-in-law of residence to be provided by either the husband or the father-in- law, if directed by a competent court under the provisions of the Domestic Violence Act, 2005.