The Bombay High Court has ruled that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is meant to protect vulnerable parents but cannot be weaponised to evict children in a summary manner without a maintenance claim. The court set aside an eviction order passed against a 53-year-old man who was directed to vacate a bungalow owned by his 75-year-old father.

A division bench of Justices R I Chagla and Farhan Dubash quashed the tribunal’s October order that required the son to hand over possession of the property, observing that the Act is a “beneficial statute intended to safeguard the vulnerable (senior citizen), but it cannot be (mis)used by the senior citizen as a tool for summary eviction.”

The father, a retired IAS officer, had approached the tribunal alleging ment

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