Supreme Court rejects mother's plea to evict son: Senior Citizens Act does not mandate eviction of children from parents' home in every case

The Supreme Court in the case Samtola Devi Versus State Of Uttar Pradesh And Ors observed and has noted that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the 2007 Act ensures maintenance for elderly parents but does not explicitly permit eviction.

- TDG NETWORK

The Supreme Court in the case was hearing a petition filed by an elderly mother to evict her son from their ancestral home following a strained relationship.

The court in the case stated that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Act does not mandate the automatic eviction of children from parental property; the eviction orders can only be passed in exceptional cases to safeguard the senior citizen's well-being.

The bench comprising of Justice Pankaj Mithal and Justice SVN Bhatti was hearing the present matter.

The bench in the case observed that, 'The provisions of the Senior Citizens Act, nowhere specifically provides for drawing proceedings for eviction of persons from any premises owned or belonging to such a senior person.'