Shiv Shankar Agarwal vs State Of West Benhal And Ors

Despite service of notice, the private respondent No.6 is not represented.

Affidavit-of-service filed in Court today be taken on record.

Learned Counsel appearing for the petitioner submits that the flat being Flat No:205, 2nd Floor, Managaldeep Building, 6/1A, Moira Street, Police

Station :

Shakespeare Sarani, Kolkata â€" 700017 is owned by and is standing the name of his client. It is submitted that the petitioner is living under grave

threat and discomfort because of the conduct of his son and daughter in law. It is submitted that the daughterâ€"in-law of the petitioner being

respondent No.6 is inflicting torture on him. The petitioner is unable to take meals regularly as his daughter in law is preventing entry of maids to cook

and serve food to him.

The daughter-in-law being respondent No.6 has instituted proceeding, inter alia, under Section 498A of IPC the DV Act, 2005 against the petitioner

and his son.

It is submitted by the son being respondent No.5 that when he tries to intervene to protect his father and ensure food and other amenities to him, the

daughter-in-law threatens to him with coercive steps under the pending matrimonial proceedings.

Learned Counsel for the State submits that the Officer-in-Charge, Shakespeare Sarani Police Station, regularly receives complaints from the

petitioner. Upon physical inspection being conducted by a lady constable from the said police station, it is found that there is otherwise no need for

assistance.

Having heard the Counsel for the parties of this Court is of the view that a senior citizen is entitled to peaceful residence in his own house. It is now

well-settled that the son and daughter-in-law and children of a senior citizen are merely licencees. Such license comes to an end immediately upon a

Senior Citizen requires peace and solitude and does not want his children to live with him.

In the instant case it is seen that the Presiding Officer of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 has already passed an

order holding that the petitioner has a right to determine as to who will stay in his house and who will not. Since the petitioner has no in no uncertain

terms expressed through Counsel that he wants to live in peace and does not want to his son and daughter-in-law to stay with him in inter alia his letter

dated 4th January, 2020, the respondent Nos. 5 and 6 do not have any right to stay in the said premises of the petitioner.

The officer-in-charge of Shakerpeare Sarani Police Station shall immediately upon receipt of a copy of this order escort the respondent Nos. 5 and 6

out of premises No.6/1A, Moira Street, Kolkata â€" 700017.

The said respondent No.5 and 6 shall not enter into the said premises of the petitioner without his written consent in writing and without the presence

of a suitable Constable from the Shakespeare Sarani Police Station.

It is, however, made clear that in the event of any orders in any proceedings that have been or may be taken out by the daughter-in-law particularly

under the DV Act, 2005, the petitioner and/or his son shall provide suitable accommodation to the respondent No.6 for separate residence.

Let this matter stand adjourned and be listed 20th July, 2021 for further consideration.