New Delhi: The Supreme Court has ruled that tribunals constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, have the power to order the eviction of children from a senior citizen’s property if such action is necessary to ensure the elderly parent’s maintenance, protection and dignity.
A bench comprising Justices P.S. Narasimha and Alok Aradhe passed the ruling while hearing an appeal filed by Ravi Kant Gupta, the owner of a residential house in Vikas Nagar, Lucknow, whose 81-year-old mother had allegedly been forced out of the family home and made to live in an old-age facility.
“On this analogy, we have no hesitation in holding that the tribunal under the Act has power to order eviction in order to ensure the maintenance or protection of a senior citizen,” the bench observed, adding that advancing age should not become a reason for “neglect, insecurity or humiliation.”
According to case details, Gupta had approached the Sub-Divisional Magistrate alleging that his son was not permitting his elderly mother to live in the house he had built and had created a nuisance for her. The SDM subsequently ordered Gupta’s son and daughter-in-law to vacate the premises in November 2022, holding that the property was Gupta’s self-acquired asset. The Allahabad High Court later overturned this eviction order, ruling that authorities under the 2007 Act did not possess the power to direct eviction, prompting Gupta to move the Supreme Court.
Setting aside the High Court’s decision, the apex court held that when a statute confers specific jurisdiction on a tribunal, it also implicitly grants the tribunal all powers necessary to effectively exercise that jurisdiction. The bench referred to Sections 7 and 8 of the Act, which provide for the constitution of tribunals and empower them to conduct inquiries through a summary procedure with the powers of a civil court, while Section 27 of the law bars civil courts from entertaining such disputes.
The court also relied on its earlier three-judge bench ruling in S. Vanitha vs Deputy Commissioner, Bengaluru Urban District & Ors. (2021), which had held that tribunals under the Act may order eviction where necessary and expedient to secure the maintenance and protection of a senior citizen or parent. The bench noted that subsequent two-judge benches had consistently reiterated this position, and that the law must be interpreted in line with constitutional principles, including the fundamental right to live with dignity.
As a result, the Supreme Court restored the eviction orders passed by the authorities against Gupta’s son and daughter-in-law, allowing his appeal.