Senior Citizens Cannot Be Used As Commodity Or Chattel By Their Children: Karnataka HC [Read Order]

The Karnataka High Court recently rejected a petition filed by a Mysuru woman against her 82-year-old mother, asserting that it is the “duty and dharma” of children to take care of their aged parents.The order was passed by Justice B. Veerappa on a petition filed by a woman, ND Vanamala, challenging an order passed by the Assistant Commissioner in November last year, whereby a gift. The Karnataka High Court recently rejected a petition filed by a Mysuru woman against her 82-year-old mother, asserting that it is the “duty and dharma” of children to take care of their aged parents. The court went on to reject the contention that such condition for nullifying the transfer should have been present in the gift deed, observing, “The main object of the ‘Act’ is to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution of India and to protect the Senior Citizens at the fag end of their life. “Senior citizens cannot be used as commodity or chattel” The court also pondered upon the object behind the Act and the role of the court in effecting this object, observing, “The legislators enacted the provisions of the ‘Act’ and ‘Rules’ thereunder to ensure proper care and safety of senior citizens.