 "A row has broken out as former Chief Justice of India DY Chandrachud has overstayed at the official residence -- Bungalow 5 at Krishna Menon Marg in Delhi. File image/PTI")
Is it a case of overstaying your welcome?
A controversy has broken out in India’s legal circles as former Chief Justice of India DY Chandrachud has overstayed at the official CJI residence despite it being months since he retired. In fact, the administration of the Supreme Court even wrote to the government for vacating the official residence.
Following the letter’s publication in news outlets, the former chief justice has clarified the reason for his extended stay, citing the critical care needs of his two daughters, Priyanka and Mahi. He was quoted as telling The Hindu, “We are not here to stay on endlessly. I had made it clear that I am not going to stay endlessly.”
So, what’s going on? What’s the medical issue that the former CJI has cited for the delay in his move? We explain it all.
SC seeks Chandrachud’s removal from official residence
On July 1, the Supreme Court administration sent a letter to the Ministry of Housing and Urban Affairs, stating that Justice Chandrachud (retired) had overstayed at the official residence and urged the Centre to ensure that the house be vacated and returned to the court’s housing pool.
By law, the Chief Justice of India is allotted a Type VIII bungalow during his tenure — Bungalow 5 at Krishna Menon Marg in Delhi. Following his retirement, the Chief Justice can stay in a Type VII government bungalow rent-free for a period of up to six months.
However, in Justice Chandrachud’s case, he has stayed at the official residence for nearly eight months after his retirement — he stepped down in November 2024 after a two-year tenure. This was possible because the other two chief justices who were appointed after him — Chief Justice Sanjiv Khanna and current Chief Justice BR Gavai — chose not to move into Bungalow 5 at Krishna Menon Marg.
In the letter sent by the Supreme Court to the housing ministry, the administration asked for the bungalow to be vacated immediately. “I am to request you to take the possession of Bungalow No. 5, Krishna Menon Marg, from Hon’ble Dr Justice DY Chandrachud without any further delay as not only the permission that was granted for retention… has expired on 31st May, 2025, but also the period of six months provided in Rule 3B of the 2022 Rules has expired on 10th May, 2025,” read the letter.
Justice Chandrachud defends his overstay
Following the letter’s publication in media outlets — it is rare for this type of communication to be issued — former Chief Justice Chandrachud clarified his overstay, and explained that his family was in the process of vacating the official bungalow and that the delay was caused owing to the medical needs of his two daughters.
“We have actually packed up our luggage… some of it has already gone to the new house,” the retired CJI was quoted as saying, adding that the family would move as soon as the alternate accommodation was ready.
He was further quoted as telling Bar and Bench, “It is just probably going to take another 10 days, at the most two weeks.”
He further explained that his two daughters — Priyanka and Mahi — suffer from a rare genetic condition called nemaline myopathy, which has left them wheelchair bound and with special needs.
“Our real challenge is we have two children who have special needs. They need ramps. Even to enter the bathroom, we need doorways wide enough to accommodate their wheelchairs. The girls are 16 and 14. They want to do everything on their own. We had found it extremely difficult to find anything in Delhi at that time. Modern flats have doorways two or two-and-a-half feet wide, not broad enough to enter with a wheelchair… The children are the most beautiful part of our lives… I am surprised that people do not think of these things. Forget somebody having special needs children, what about aged parents who need extra effort for mobility?” Justice Chandrachud said of his house hunt and his subsequent overstay at the official bungalow.
Moreover, he stated that in April, he had written to Chief Justice Khanna, requesting an extension until June 30. Also, when Justice Gavai took over, he raised the issue with him too. “I told Justice Gavai that the house allotted to me by the government needed substantial repairs. It had been vacant for two years. No judge had wanted to live in it earlier. The contractor made it clear that repairs would go on till the end of June,” he told Bar and Bench.
He further stated that he had no intentions of moving into the bungalow at Krishna Menon Marg when he became the chief justice of India.
Defending himself, Justice Chandrachud also said that other retired judges have also received time extensions and alternate accommodations. He pointed out that similar arrangements had been made for his predecessors, Justices UU Lalit and NV Ramana. “Justice UU Lalit was given accommodation in Safdarjung Road. Justice NV Ramana was allotted another house. Justice Hima Kohli, who retired in September 2024, vacated only by March or April 2025. This is not like Army House or Navy House where the next person moves in the day you retire. In fact, Justice Khanna told me why take the burden of moving back to Tughlaq Road?” he was quoted as telling Bar and Bench.
Chandrachud reveals daughters’ life with nemaline myopathy
But what exactly is nemaline myopathy that Justice Chandrachud’s daughters suffer from?
Also known as rod myopathy, nemaline myopathy (NM) is a rare muscular disorder in which the individual experiences muscle weakness throughout the body, particularly in the face, neck, trunk, and proximal muscles. The muscle weakness can worsen over time, affecting daily activities such as feeding and swallowing, further complicating the situation. As the condition worsens, the person suffering will require wheelchair assistance.
In October 2024, Justice Chandrachud opened up about his daughters’ condition, outlining the challenges he and his wife faced dealing with the disorder. Speaking at the 9th Annual National Consultation on ‘Protecting the Rights of Children Living with Disability and Intersectionality of Disabilities’, he had said, “Our children have been born with a condition called nemaline myopathy. There is absence of knowledge about myopathy among doctors, caregivers, and certainly, on the part of the parents. Everyone lives with a feeling of self-denial. The families where the children are born feel nothing is wrong with them. There were no testing facilities even in major institutes in India.”
Following the housing row, Justice Chandrachud told NDTV that his daughters’ condition has led them to modify their home and life. “Care has to be taken that they do not suffer from fatigue as it deteriorates the muscles further. For them to have a dignified life, a multi-disciplinary team of healthcare professionals, including pulmonologists, ICU specialists, neurologists, respiratory therapists, occupational therapists, physical therapists, speech therapists and counsellors work together on a daily or weekly basis.”
He further stated that his daughter, Priyanka, is still on a tracheostomy tube and was ventilated three times at the age of 13 at PGI Chandigarh. The former CJI also said that his wife Kalpana Das has taken the lead in managing their daughters’ medical needs. “Kalpana has striven to establish contacts with specialists, scientists and caregivers worldwide… As parents, we try to make their lives meaningful, fun and create an atmosphere where they lead a fulfilling life.”
With inputs from agencies