Date:- 12.09.2025
Case:- Kamalakant Mishra vs. Additional Collector and others
Citation:- Special Leave Petition (Civil) – 42786/2025
Hon’ble Supreme Court Bench:- JUSTICE VIKRAM NATH & JUSTICE SANDEEP MEHTA
The Hon’ble Supreme Court reiterated that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, has the power to order the eviction of a child from the property of the senior citizen, if there is a breach of obligation to maintain the senior citizen.
- The case was filed by 80-year-old Kamalakant Mishra and his 78-year-old wife, whose eldest son had taken over their two Mumbai properties and refused to let them live there.
- The elderly parents filed an application under Sections 22, 23 and 24 of the Act, seeking maintenance and eviction of their son.
- The Tribunal ordered eviction and ₹3,000 monthly maintenance in favour of the parents (June 5, 2024). This was confirmed by the Appellate Authority (Sept 11, 2024).
- The Hon’ble Bombay High Court cancelled these orders, reasoning that since the son was also a “senior citizen,” the Tribunal could not evict him.
- The Hon’ble Supreme Court rejected this view, clarifying that senior citizen status is decided based on the age at the time of filing the application. The son was 59 when the parents filed it, so he did not qualify as a senior citizen under Section 2(h) of the Act. The Hon’ble Court said the law is a welfare legislation meant to protect senior citizens and should be interpreted in a way that helps them.
- The Hon’ble Court found that the son, despite being financially well-off, breached his statutory duty by blocking his parents’ access to their property and defeating the purpose of the Act.
- The Hon’ble Supreme Court allowed the parents’ appeal, set aside the Hon’ble High Court order, and directed the son to vacate the premises by November 30, 2025, failing which the eviction order will be executed.
