The Supreme Court of India has expressed concerns over the diminishing integrity of the family institution in the country, noting the irony in the traditional belief in “vasudhaiva kutumbakam” (the world is one family) while observing increasing familial discord even among close relatives.
Justices Pankaj Mithal and S V N Bhatti discussed the gradual shift towards a “one person one family” system, which starkly contrasts with India’s age-old ethos of universal kinship. This observation was made during a hearing of a plea by a woman seeking the eviction of her eldest son from her property, illustrating the breakdown of traditional family structures.
The case involved Kallu Mal and his wife Samtola Devi, who experienced strained relations with their children, particularly their eldest son. The situation escalated after the son took over the family business and property during his father’s illness, which led to further disputes and legal actions. The parents initially sought maintenance from their sons, which was legally granted, and later moved to evict the eldest son under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The family court’s decisions were followed by appeals and modifications by higher courts, including the Allahabad High Court, which ultimately led to the Supreme Court’s involvement. The apex court concluded that Kallu Mal was no longer the sole owner of the property, having transferred parts of it to his daughters and others, which complicated the eviction order against his son.
The Supreme Court’s ruling underscored the complexity of family law cases where property and personal relationships intersect, leading to legal and emotional conflicts. The judges remarked on the necessity of exploring other solutions such as maintenance orders rather than eviction to address such familial disputes.
