Legal provisions involved: Sections 4, 5 and 9 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Judgement by: Bombay High Court

Judge/Bench:  Justice R.I. Chagla and Justice Farhan P. Dubash

Facts

The petitioner lived in a bungalow owned by his father, a retired IAS officer. Although the father allowed him and his wife to stay there through a written declaration in 2013, he later approached the Parents and Senior Citizens Tribunal seeking the petitioner’s eviction, alleging mental harassment. The father admitted he never lived in the bungalow, did not seek maintenance, and was financially self-sufficient with several properties. Despite this, the Tribunal ordered eviction and the Appellate Authority upheld it.

Key legal provisions

Sections 4, 5 and 9 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Issues raised

Whether eviction under the Act can be directed when no claim for maintenance is made and when the senior citizen is not dependent on the petitioner?

Arguments of the case

The petitioner argued that the application was not maintainable because the Act requires a clear plea of inability to maintain oneself and a demand for maintenance, neither of which existed. He also highlighted the prior declaration permitting residence and ongoing civil litigation regarding family property. The orders, he contended, were an attempt to use the Act as leverage in a property dispute.

Judgement

The Bombay High Court quashed both orders, holding that eviction cannot be granted in isolation and that the Act cannot be misused to secure summary eviction when no maintenance claim or neglect is established.

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