SHELTER, DIGNITY, AND LAW: REAFFIRMING THE RIGHTS OF PARENTS AGAINST ERRANT CHILDREN

INTRODUCTION

The Supreme Court of India, in Kamlakant Mishra v. Additional Collector & Ors. (Diary No. 42786 of 2025), delivered on 12 September 2025 by a Division Bench comprising Justice Vikram Nath and Justice Sandeep Mehta, examined the scope of the Maintenance Tribunal’s powers under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (“the Act”). The ruling underscores the welfare-oriented purpose of the statute and clarifies that eviction orders can be passed against children or relatives who fail in their statutory duty to maintain senior citizens.

 

BRIEF FACTS

The Appellant, Kamlakant Mishra, an 80-year-old senior citizen, along with his 78-year-old wife, owned two properties in Mumbai. Having shifted to Uttar Pradesh, they left their children in possession of the properties. Their eldest son, however, took control of both premises and denied them the right to reside there, despite being financially well-established. Consequently, the Appellant and his wife filed an Application before the Maintenance Tribunal under Sections 22, 23, and 24 of the Act, seeking eviction of the son and monthly maintenance. The Tribunal, by Order dated 05.06.2024, directed eviction and awarded maintenance of ₹3,000 per month to the parents. The Appellate Tribunal later affirmed this Order on 11.09.2024.

Aggrieved, the son approached the Bombay High Court, which by Order dated 25.04.2025 set aside the Tribunal’s decision, holding that it lacked jurisdiction since the Respondent himself qualified as a “senior citizen.” Dissatisfied with this interpretation, the Appellant filed an appeal before the Supreme Court.

 

ISSUES OF LAW

• Whether the Maintenance Tribunal has jurisdiction to direct eviction of children or relatives from property owned by senior citizens.
• Whether the Respondent, aged 59 years on the date of filing of the complaint, could be treated as a “senior citizen” under Section 2(h) of the Act.
• Whether the Act should be interpreted strictly or liberally, keeping in view its welfare objective.

 

ANALYSIS OF THE JUDGMENT

The Supreme Court disagreed with the Bombay High Court’s reasoning. It held that the relevant date for determining the Respondent’s age was the date of filing of the application (12.07.2023), when he was 59 years old, and therefore he could not be considered a “senior citizen” under Section 2(h). The Court emphasized that the Act, being a welfare legislation, must be liberally interpreted to advance its beneficent object of protecting the elderly from neglect and dispossession.

Citing S. Vanitha v. Deputy Commissioner, Bengaluru Urban District (2021) 15 SCC 730, the Court reiterated that the Tribunal has the power to order eviction of children or relatives who fail to fulfill their obligation to maintain senior citizens. It found that the High Court had erred in concluding otherwise, especially when the Respondent, despite being financially sound, had denied his parents residence in their own property.

Accordingly, the Court allowed the Appeal, set aside the High Court’s Order, and restored the Tribunal’s eviction order. However, on the request of the Respondent’s counsel, the Bench granted two weeks to furnish an undertaking to vacate the premises by 30 November 2025, balancing equities between the parties.

 

CONCLUSION

The Judgment strengthens the rights of elderly parents under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, by reaffirming that eviction is an enforceable remedy against children or relatives who refuse maintenance or deny residence. By clarifying the jurisdiction of Tribunals and correcting the Bombay High Court’s error, the Supreme Court has reinforced the principle that welfare legislations must be purposively interpreted to safeguard the dignity and security of senior citizens.

 

SARTHAK KALRA

Senior Legal Associate

The Indian Lawyer & Allied Services

 

Please log onto our YouTube channel, The Indian Lawyer Legal Tips, to learn about various aspects of the law. Our latest Video, titled “MSMEs in India 2025 | Delayed Payments | Supreme Court Judgments by Advocate Sushila Ram Varma” can be viewed at the link below:

https://www.youtube.com/watch?v=me1xbu40OrM&t=24s