Case Note & Summary
The High Court heard a Writ Petition challenging an eviction order against sons from their father's property under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Maintenance Tribunal had directed eviction while simultaneously holding the father ineligible for maintenance under Section 4 of the Act. The Court found that eligibility for maintenance is a foundational jurisdictional requirement under the Act. Since the Tribunal determined no maintenance could be awarded, it lacked jurisdiction to order eviction. The father had substantial income and pension, exceeding the Act's maintenance cap. The property transfer did not satisfy Section 23 conditions for eviction. The Tribunal also violated procedural rules by not inviting evidence. The Court quashed the eviction order, allowing the father to pursue eviction through regular legal channels.
Headnote
The High Court of Judicature at Bombay -- The Petition challenged an order dated February 2, 2024 by the Maintenance Tribunal directing eviction of petitioners from premises owned by their father under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 -- The Tribunal had held that the father could not be awarded maintenance under Section 4 of the Act -- The Court held that eligibility for maintenance is a foundational jurisdictional fact for intervention under the Act -- Once the Tribunal found no maintenance could be awarded, it lacked jurisdiction to order eviction -- The father had annual taxable income of Rs. 4.6 lakhs and pension, exceeding the Rs. 10,000 monthly maintenance cap under Section 9(2) -- The property transfer did not meet conditions under Section 23 for eviction -- Rule 13 of Maharashtra Rules was violated as parties were not invited to lead evidence -- The Impugned Order was quashed and set aside -- The father may pursue eviction through appropriate legal proceedings outside the Act
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Issue of Consideration: Whether the Maintenance Tribunal had jurisdiction to order eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 when it had found the father ineligible for maintenance under Section 4 of the Act
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Final Decision
The Court allowed the Writ Petition -- The Impugned Order dated February 2, 2024 was quashed and set aside -- Rule was made absolute in terms of prayer clause (a) -- No order as to costs -- The father may pursue eviction through appropriate legal proceedings outside the Act
