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31. Ravi Kant Gupta v. State of Uttar Pradesh & Ors.
2026 LiveLaw (SC) 824
August 4, 2026
Senior citizens – Maintenance and protection – Eviction of children from senior citizens’ property – Power of Tribunal to order eviction – incidental power necessary to enforce maintenance and protection.
[Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Ss.7, 8, 16, 27; Constitution of India, Arts.21, 41]
FACTS
The appellant was the owner of a residential house in Lucknow. His son and daughter-in-law were residing in the premises. The appellant’s aged mother had allegedly been compelled to leave the premises and reside in an old age facility.
The appellant approached the District Magistrate under the Maintenance and Welfare of Parents and Senior Citizens Act seeking eviction of his son. The Sub-Divisional Magistrate directed eviction and the District Magistrate affirmed the order.
The High Court, relying upon an earlier decision, held that the authorities under the Act had no power to order eviction and quashed the orders. The appel
