Mumbai, March 6: The Bombay High Court has upheld an order directing a son and his wife to vacate a flat owned by the man’s 71-year-old mother, observing that the law protecting senior citizens must be interpreted liberally to ensure they can lead a “safe, dignified and peaceful” life.
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High Court dismisses couple’s petition
Justice N J Jamadar on March 5 dismissed a petition filed by the couple challenging orders of the Maintenance Tribunal and the Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Mother alleges harassment and eviction from her home
The dispute revolved around a flat at Mulund where the son, 43, and his wife, 38, were residing. The 71-year-old mother had approached the Senior Citizen Welfare Tribunal alleging harassment, abuse and physical assault by the couple. She also claimed they had forced her to execute documents to transfer the property to the son and eventually drove her out of her own home.
Seeking relief, the woman asked the tribunal to evict them so that she could live peacefully in her property.
Tribunal orders eviction
In August 2025, the Maintenance Tribunal ordered the couple to vacate the premises and hand over possession to the mother. The appellate authority later upheld that order, which was challenged by the couple before the High Court.
Couple claims independent rights in property
The couple argued that the complaint was not maintainable as the mother had not sought monetary maintenance under the Act. Their counsel contended that eviction cannot be ordered in a summary manner when children claim an independent right in the property.
The son claimed he had contributed Rs 2.18 lakh for the purchase of the flat, which cost Rs 6.18 lakh. He alleged that the complaint was filed at the instigation of his elder brother.
Court notes hardship faced by elderly woman
Opposing the petition, counsel for the mother said the case reflected the neglect and harassment faced by senior citizens. The court was told that the woman had been forced to stay at an old-age home with unpaid accommodation charges of Rs 1.05 lakh.
Act meant to protect dignity of senior citizens
Justice Jamadar rejected the son’s arguments and held that the Act is a beneficial legislation meant to protect elderly persons and must receive a purposive interpretation.
“The obligation of the children… gives statutory recognition to the right of the senior citizen to live a life free from neglect, harassment, exploitation, physical and emotional disturbance,” Justice Jamadar observed.
The judge clarified that maintenance under the Act is not limited to monetary support but includes providing residence and enabling a senior citizen to live a normal life.
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Holding that the flat stood in the mother’s name and that she had been forced to seek shelter in an old-age facility, the court dismissed the petition with costs.
However, the court granted the couple three weeks’ time to vacate the premises, subject to filing an undertaking not to create third-party rights in the property.
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