AMIT KUMAR TIWARI Vs. AWADESH PRASAD TIWARI

JUDGEMENT

(1.) The present petition has been filed by the petitioner being aggrieved by the orders dtd. 7/8/2023 (Annexure P/1) passed by the Collector, District Bhopal in Case No. 0006/Appeal/2023-24 and 29/3/2023 (Annexure P/2) passed by the Sub Divisional Officer, Govindpura, District Bhopal in Case No. 18/B-121/2022-23, whereby the authorities have directed the petitioner to vacate the residential accommodation owned by his father under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ' the Act of 2007').

(2.) It has been contended by the learned counsel for the petitioner that the petitioner is the son of respondent No.1 and has been living with him in the house owned by him. It has been submitted that the authorities have not dwelt with the question in its true perspective and spirit of the law. It has further been submitted that the petitioner has got no other alternative place to reside, therefore, he has been staying with his father. It is further submitted that he is ready to maintain his father and facilitate the living of the father with whatever means required by him. The authorities have committed grave error of law in allowing the application submitted by the father under the Act of 2007 and prayed for quashment of the orders dtd. 7/8/2023 (Annexure P/1) and 29/3/2023 (Annexure P/2) respectively.

(3.) Per contra, learned counsel for the respondents has submitted that the authorities have passed the orders absolutely in accordance with law. The object of legislating the Act of 2007 is to protect the parents from the cruelty and misbehaviour of the children. The Act of 2007 provides that if any child behaves with the parents/senior citizen with cruelty or if he fails to maintain the parents then on an application submitted by such a parent/senior citizen, the order of eviction can be passed. To bolster his submission, learned counsel for the respondents has relied on an order passed by the Hon'ble Apex Court in the case of Kamalkant Mishra vs. Additional Collector and Ors reported in 2025 SCC Online SC 2077 to state that in the similar facts and circumstances of the case where the child was not maintaining the father/senior citizen, the orders were passed by the authorities and which were affirmed by the Hon'ble Apex Court. It is further submitted that the Hon'ble Apex Court has observed that the Act of 2007 being a welfare legislation, its provisions must be construed liberally so as to advance its beneficent purpose. It is further observed that the Tribunal has power to order eviction of a child or relative from the property of a senior citizen, when there is a breach of the obligation to maintain the senior citizen and on the basis prayed for dismissal of the petition.