High Court clarifies limits of Maintenance Tribunal's powers under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
In a significant ruling, the Calcutta High Court quashed an eviction order passed by a Sub-Divisional Officer against two sons, Shyam Sundar Sharma and Gajanand Sharma, in favor of their mother, Smt. Pushpa Sharma. The court held that the Maintenance Tribunal, constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, lacks the jurisdiction to issue eviction orders, and its powers are confined to granting maintenance.
The judgment came in the context of two writ petitions: WPA No. 10504 of 2025 filed by Pushpa Sharma seeking enforcement of the eviction order, and WPA No. 16316 of 2025 filed by Shyam Sundar Sharma challenging the same eviction directive. Justice Krishna Rao delivered the judgment on February 18, 2026.
The controversy arose when Smt. Pushpa Sharma, after being allegedly ousted by her sons from her property, filed an application under the 2007 Act for maintenance and reimbursement of medical expenses. The Sub-Divisional Officer initially ordered the sons to vacate the property and pay monthly maintenance of Rs. 10,000 and Rs. 15,000 respectively. However, Pushpa Sharma sought an increase in the maintenance amount.
The High Court, while quashing the eviction order, reinforced that under Sections 4 and 5 of the Act, the Tribunal is only empowered to adjudicate on maintenance claims and cannot direct evictions. The court emphasized that the maximum maintenance amount should not exceed Rs. 10,000 unless prescribed otherwise by the State Government.
Justice Rao further elucidated that the Act's primary objective is to ensure the welfare and maintenance of senior citizens rather than property disputes. The court advised Pushpa Sharma to explore the enforcement of maintenance under Section 11 of the Act if her sons default on payments, but ruled out any scope for eviction under the said Act.
The court also addressed the legal avenues available for challenging the Tribunal's orders. It confirmed that orders under the 2007 Act are amenable to judicial review under Article 226 of the Constitution, as they are not judicial orders of civil courts. The court clarified that while the High Court holds supervisory jurisdiction under Article 227, the original jurisdiction under Article 226 can be invoked depending on the relief sought.
The judgment underscores the limitations of the Maintenance Tribunal's powers, reiterating that disputes over property ownership or eviction require separate civil proceedings. This decision serves as a crucial precedent in delineating the scope of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Bottom Line:
Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Tribunals constituted under the Act cannot pass eviction orders; their jurisdiction is limited to granting maintenance not exceeding Rs. 10,000 per month.
Statutory provision(s): Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Sections 4, 5, 9, 11, 23; Constitution of India Articles 226, 227
Pushpa Sharma v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2855155
