'Not All Parent-Child Disputes Fall Under Senior Citizens Maintenance Law': Bombay HC

Mumbai, Feb 16: In a significant ruling, the Bombay High Court has clarified that not every dispute between a senior citizen and their children automatically falls within the scope of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court quashed a Maintenance Tribunal order that had directed two sons to vacate residential units owned by their father in suburban Malad.

Tribunal failed to examine jurisdictional requirement

Justice Somasekhar Sundaresan set aside the tribunal’s February 2, 2024 order, observing that the tribunal failed to examine a crucial jurisdictional requirement — whether the father was unable to maintain himself from his own earnings or property.

The judge emphasised that this requirement is mandatory before a tribunal can entertain or grant relief under the Act. In the present case, the father and sons had been living separately for a long time.

The court noted that the father, who sought eviction of the sons, did not reside in the Malad property and was instead living with his second wife elsewhere.

Financial incapacity not demonstrated

Importantly, the father did not demonstrate that he was financially incapable of supporting himself. The sons placed material on record showing that the father received a monthly pension of Rs 40,000. The tribunal itself had concluded that directing the sons to pay maintenance was unnecessary.

Justice Sundaresan observed that these facts weakened the father’s case for eviction. He noted, “All of these facets… undermine the case for an intervention for vacating a residential unit that the Father is in fact not living in.”

Eviction meant to protect shared household peace

The court explained that eviction under the Act is generally meant to protect a senior citizen’s peace and emotional well-being in a shared household. Where parties live separately, such intervention may fall outside the statute’s intended scope.

The judge further clarified, “Every conflict between a senior citizen and his offspring would not attract the jurisdiction of the Act.” Whether jurisdiction exists depends on the facts of each case, he said, adding that absence of such jurisdiction does not prevent parties from seeking remedies under other laws.

Liberty to file fresh application

While quashing the tribunal’s order, the court granted liberty to the father to file a fresh application. However, he must first demonstrate — with empirical evidence — how he satisfies the statutory conditions. If such an application is filed, the sons will have the opportunity to respond.

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The court disposed of the petition, stressing that its findings were limited to jurisdiction and did not amount to a ruling on the merits of the family dispute.

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