Calcutta High Court Rules: Maintenance Tribunal Cannot Evict Children Under Senior Citizens Act
Tribunal’s Powers Limited to Granting Maintenance, Not Property Eviction
Court Clarifies Scope of Senior Citizens Act in Family Disputes
By Our Legal Correspondent
New Delhi: February 20, 2026:
In a significant judgment, the Calcutta High Court has ruled that Maintenance Tribunals constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot order the eviction of children from property. The Court clarified that the Tribunal’s jurisdiction is confined to granting financial maintenance to senior citizens and cannot be stretched to include eviction orders. This ruling provides clarity on the scope of the Act and addresses growing concerns about its misuse in family property disputes.
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Background of the Case
- The case arose when a mother approached the Maintenance Tribunal seeking both financial support and eviction of her son from her house.
- The Sub‑Divisional Officer, acting as the Tribunal, ordered the son to vacate the premises while also granting maintenance.
- Justice Krishna Rao of the Calcutta High Court partly modified this order, setting aside the eviction direction but upholding the maintenance component.
Court’s Observations
- The Court held that Sections 4 and 5 of the Act empower Tribunals only to grant monthly maintenance.
- Eviction from property is not contemplated within the statutory scheme.
- For eviction, parties must approach civil courts under ordinary property laws.
- The ruling prevents Tribunals from becoming substitutes for civil eviction remedies.
Wider Legal Context
This ruling aligns with similar decisions from other High Courts:
- Bombay High Court recently quashed eviction orders against sons, holding that inability to maintain oneself is a mandatory requirement under the Act.
- Another Bombay HC ruling emphasized that the Senior Citizens Act cannot replace civil eviction proceedings.
Together, these judgments reinforce that the Act’s primary purpose is to ensure financial support for senior citizens, not to resolve property disputes.
Impact on Families and Legal Practice
- The ruling protects children from being summarily evicted through maintenance proceedings.
- It also safeguards senior citizens by ensuring they receive financial support without conflating maintenance with property rights.
- Legal experts note that this decision will reduce misuse of the Act in family conflicts where eviction is sought as a shortcut.
- Families must now pursue eviction through civil courts, which provide a more detailed examination of property rights.
Importance of the Judgment
- Clarifies the limited jurisdiction of Maintenance Tribunals.
- Prevents overlapping of civil and summary proceedings.
- Strengthens the balance between protecting senior citizens and safeguarding property rights of children.
- Sets a precedent for future cases across India, ensuring uniform interpretation of the Act.
Conclusion
The Calcutta High Court’s ruling is a landmark in defining the boundaries of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. By restricting Tribunals to maintenance orders, the Court has ensured that property disputes remain within the domain of civil courts. This judgment not only protects the rights of senior citizens but also prevents misuse of the Act in family property conflicts.
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