Context:
Recently, Supreme Court rejected a suit filed by a senior couple to evict their son from their home by invoking the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act).
Reasons for denying the eviction
Supreme Court dismissed their case, stating there was no evidence that their son had mistreated them after the tribunal's temporary order. The court clarified that eviction orders are not mandatory in every case, and there needs to be sufficient evidence of neglect or mistreatment for such orders to be passed.
Supreme Court has clarified that senior citizens have the right to receive maintenance from their children or relatives. If there is a breach of this obligation, a tribunal under the Senior Citizens Act can order eviction of the child or relative from the property, but this depends on the specific facts and circumstances of the case, including whether there is evidence of neglect or mistreatment.
About Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act)
· The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted to provide financial security, welfare and protection for senior citizens.
· It requires children to provide maintenance for their parents, and the government to provide old age homes and ensure medical care for senior citizens.
· It sets up Administrative Tribunals and Appellate Tribunals to ensure maintenance.
Definition of Senior Citizens
- According to the Act, senior citizens are individuals who are above the age of 60 years.
Maintenance of Parents and Senior Citizens
- The Act mandates that children or heirs have a legal obligation to provide for the maintenance of their elderly parents or senior citizens who are unable to maintain themselves.
- If the senior citizen is unable to support themselves, they can approach a Maintenance Tribunal for seeking financial support from their children or relatives.
Punishment for Abandonment
- Due to the Act, abandonment of senior citizens by their children or relatives a punishable offense.
- Anyone found guilty of abandoning a senior citizen can be fined up to ₹5,000 or imprisoned for a term of up to 3 months, or both.
Right to Inheritance
- The Act gives senior citizens the right to seek maintenance from their children, including the right to claim part of the property.
- If a senior citizen is deprived of their property or inheritance, they can file a case under this Act.
Conclusion
This decision reflects the Court's approach to carefully balancing the interests of both the parents and their son. The ruling highlights the importance of using proportionate measures and ensuring decisions are based on sufficient evidence before taking drastic actions like eviction.
