Overview

• The Supreme Court allowed the elderly parents' appeal in Kamalakant Mishra v. Additional Collector, set aside the Bombay High Court ruling, and dismissed the son's writ petition.
• It restored the Maintenance Tribunal’s June 5, 2024 directions for eviction and ₹3,000 monthly maintenance, which the Appellate Authority had upheld on September 11, 2024.
• A bench of Justices Vikram Nath and Sandeep Mehta held that senior-citizen status is assessed on the filing date; the respondent was 59 on July 12, 2023, so the Tribunal had jurisdiction.
• The Court noted the son had taken control of two Mumbai rooms owned by his parents and refused them residence, constituting a breach of statutory obligations under the 2007 Act.
• Citing S. Vanitha, the Court reaffirmed that Maintenance Tribunals may order eviction in appropriate cases and directed the son to undertake within two weeks to vacate by November 30, 2025, failing which execution may proceed.