Son's Family Can Be Evicted From Senior Citizen Mother's House: Rajasthan High Court Imposes Rs 25,000 Costs

The mother applied under Sections 4 and 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, alleging harassment by her elder son, his wife and their son, and asking that they vacate her house at Baran (paras 3, 9). The Sub Divisional Officer, Baran ordered their eviction on 02.06.2026, and the Collector and District Magistrate, Baran dismissed their appeal on 12.08.2026, holding the house to be her self-acquired property (paras 1, 9). The petitioners offered to maintain her, provide her a residence or live with her, and said eviction would gravely affect their livelihood (para 4). She alleged abuse, altercations and threats (para 5).

The Court declined to exercise its supervisory jurisdiction under Article 227, which is used sparingly and does not permit re-appreciating evidence or acting as a court of appeal; following Rajani Manohar Kuntha, it is confined to patent perversity or jurisdictional error, not cases where another view is possible (para 7). Relying on S. Vanitha, it treated the 2007 Act as beneficial legislation for the protection, dignity and peaceful living of senior citizens, under which eviction may be ordered; where the obligation to maintain and protect a senior citizen is breached, the authorities may direct the eviction of erring children or relatives (para 8). The Collector's order had no jurisdictional error, illegality or perversity and duly considered the strained relationship and the need to secure the mother a peaceful and dignified life (para 9). The record showed that the petitioners' continued stay had created an atmosphere of discord, as the respondent side substantiated in Court (para 10). Given the protracted litigation, the alleged threats impinging on her right to live with dignity under Article 21, and the petitioners' means, the Act had to be read liberally in favour of senior citizens (para 11).