The ques?on is as to “whether a senior ci?zen (a parent) is en?tled to file a suit before the Civil Court seeking the evic?on of a family member, from their own property, par?cularly when there is no specific provision in the Act, itself?” It may be noted here that some States have framed a scheme to confer power upon the Tribunal to decide such ma9ers but the validity of such schemes conferring such jurisdic&on on the Tribunal cons&tuted under the Act, is a subject ma9er of challenge. It is noted here that the Act has been enacted in order to provide sustenance and protec&on to the older people. From the reading of the statement of object and reasons, it is evident that the Parliament, aDer no&cing that the tradi&onal morals and values of the Indian society, which adhered to the principles of utmost respect and care towards the elders, have started withering away and many older persons are, increasingly, becoming vic&ms of emo&onal neglect and physical, verbal & economic abuse, enacted the Maintenance and Welfare of Parents and Senior Ci&zens Act, 2007. The State of Punjab no&fied the Punjab Maintenance and Welfare of Parents and Senior Ci&zens scheme enabling the aggrieved to file an applica&on to the Tribunal cons&tuted under the Act. However, the same was struck down by the High Court in Simrat Randhawa vs. State of Punjab and ors, CWP No.4744 of 2018, decided on 23.01.2020. A LPA against the aforesaid judgment is pending. Another Coordinate Bench in Mamta Sharma vs. Addi?onal Deputy Commissioner cum Maintenance Tribunal and others (CWP No.38040 of 2018) decided on 05.11.2020 has held that an evic&on pe&&on in such circumstances is maintainable before the Tribunal. Hence, as of now, there is no absolute clarity in the ma9er.
