In Brief
A widow and senior citizen (Samtola Devi) sought eviction of her eldest son (Krishna Kumar) from the family home under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Although the Tribunal initially permitted him to stay with restrictions, the Appellate Tribunal ordered eviction. The High Court set aside the eviction order. The Supreme Court dismissed the widow's appeal, holding that eviction under the Senior Citizens Act is discretionary, not mandatory, and should not be ordered merely based on property ownership when civil suits concerning the son's share are pending, and when he is paying maintenance and causing no proven harm. Maintenance and restraint orders sufficiently protect elderly parents.
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