Jurisdiction of Maintenance Tribunal Under Senior Citizens Act

Source: Calcutta High Court

Why in News?

Justice Krishna Rao of the Calcutta High Court, in the case of Pushpa Sharma v. The State of West Bengal & Ors. (2026), ruled that the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has no jurisdiction to direct eviction of children from property in proceedings under Sections 4 and 5 of the Act. The Court partly modified the orders of the Sub-Divisional Officer acting as the Maintenance Tribunal, setting aside the eviction direction while upholding the maintenance component.

What was the Background of Pushpa Sharma v. The State of West Bengal & Ors. (2026) Case? 

• The dispute arose between an elderly mother, Pushpa Sharma, and her two sons over the occupation of a three-storied residential house at Paschim Medinipur, West Bengal. 
• Following her husband's death, the mother alleged that her sons had driven her out of the house and failed to provide her financial support. 
• She approached the Maintenance Tribunal seeking monthly maintenance of ₹30,000 along with reimbursement of medical expenses. 
• By orders dated September 6 and December 6, 2024, the Sub-Divisional Officer (acting as Maintenance Tribunal) directed the sons to pay monthly maintenance and further ordered them to vacate the premises within three months. 
• One of the sons challenged the eviction direction before the Calcutta High Court, while the mother simultaneously sought enforcement of the eviction order. 
• The Court also clarified that orders of the Maintenance Tribunal are amenable to challenge under Article 226 of the Constitution, as the Tribunal discharges quasi-judicial functions.

What were the Court's Observations? 

• The Court held that Chapter II of the 2007 Act deals strictly with maintenance of parents and senior citizens and empowers the Tribunal only to determine and award monthly allowances. 
• It observed that Sections 4 and 5 contain no direct or indirect reference to eviction, and therefore the Tribunal cannot travel beyond the statutory mandate to pass eviction orders. 
• The Court noted that the Act prescribes a summary mechanism designed to ensure speedy and inexpensive maintenance relief and was never intended to serve as a substitute for civil remedies in property disputes. 
• Accordingly, the portion of the Tribunal's order directing the son to vacate the building was set aside, while the maintenance award was upheld.

What is the Maintenance and Welfare of Parents and Senior Citizens Act, 2007? 

About: 

• The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted to provide more effective provisions for the maintenance and welfare of parents and senior citizens in India. The Act defines a "senior citizen" as any person who is a citizen of India and has attained the age of 60 years or above. 

Key Provisions: 

• Maintenance Obligation (Sections 4-18): Children have a legal obligation to maintain their parents, and relatives have an obligation to maintain childless senior citizens. 
• Establishment of Tribunals (Section 7): State governments must establish Maintenance Tribunals to adjudicate maintenance claims. 
• Old Age Homes (Section 19): State governments are required to establish old age homes in each district. 
• Medical Support (Section 20): Provisions for medical care for senior citizens. 
• Protection of Life and Property (Sections 21-23): Measures to protect senior citizens' lives and property. 

What is a Tribunal? 

About:  

A tribunal is a quasi-judicial institution that is set up to deal with problems such as resolving administrative or tax-related disputes. The original Constitution did not contain provisions with respect to tribunals. The 42nd Amendment Act of 1976 added a new Part XIV-A.    

• Part XIV-A is entitled as Tribunals and consists of two Articles namely Article 323A and 323B. 

Difference between Court and Tribunal: 

• The Tribunals and Courts both deal with the disputes between the parties which affect the rights of the subjects. But there exists some difference between the two which are as follows:  
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