“At This Age, They Can’t Be Sent To Civil Court”: Calcutta High Court Aids Parents Allegedly Ousted From Home By Son & Daughter-In-Law

The Calcutta High Court has allowed the writ petition filed by a couple who claimed that they had been driven out of their home by their son and daughter-in-law (“respondents”).

Petitioners claimed that they had right title and interest over the property and that the respondents had been torturing, intimidating and even assaulting them for a considerable amount of time, eventually ousting them from the house.

In reinstating the petitioners to their home, a single-bench of Justice Jay Sengupta held:

It appears that although the petitioner No.2 is presently the owner of the property in question which was originally owned by the petitioner No.1. They both have allegedly been ousted by their son and daughter-in-law. Regardless of the veracity of such allegations, the owners of the property have every right to stay there and their son and daughter-in-law could at best live there as licensees. At this age, the petitioners cannot be relegated to the civil court to obtain necessary relief in this regard.

It was argued by the State that the dispute between the parents and their son and daughter-in-law was in the nature of a family dispute, with cases and counter cases from both sides.

However, Court said in the interest of justice, it is willing to direct the Police to provide them “adequate security arrangement” for returning home.

The police shall also keep a sharp vigil at the locale and ensure that no breach of peace takes place, it concluded.

Citation: 2023 LiveLaw (Cal) 296

Case: Bijoy Kumar Banik and another vs State of West Bengal and others

Case No: WPA 11426 of 2023

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