High Court of Karnataka
Assistant Commissioners, as a measure to ensure safe housing of senior citizens, can resort to eviction of persons from unauthorized occupation of dwellings belonging to senior citizens under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Karnataka High Court said.
Noting that the definition of “maintenance” according to § 2 letter b) of the Act specifically includes provisions on residence, the court stated that it cannot be said that the AC acted beyond its authority when it came to providing residence under the provisions of the Act.
Justice M. Nagaprasanna passed the order while dismissing a petition filed by a 45-year-old woman challenging Deputy Commissioner Ballari’s June 2025 order to evict her from her 73-year-old mother-in-law’s residence.
The mother-in-law filed a complaint with the AC that the daughter-in-law forced her to live in a small abode with her elderly husband and did not allow her to enter the house that the mother-in-law had bought with her own earnings. The AC, acting as a competent court under the Act, ordered the daughter-in-law’s eviction after securing the status report of the mother-in-law and the details of the construction of the residential building.
Referring to the Supreme Court’s interpretation of the provisions of the Act, as the Act has no specific provision authorizing the AC to issue an eviction order in favor of senior citizens, the Supreme Court said that even the Madhya Pradesh High Court has recognized that provision of secure housing to senior citizens may, under exigent circumstances, require removal to impede such security, which includes eviction of persons in rightful possession of senior citizens’ property.
Stating that there was no perversity or defect in the AK’s order, the court stated that the petitioner’s actions meant depriving the senior citizen of dignified access to her own home, as the house is owned by her daughter-in-law.
Published – 27 Nov 2025 21:07 IST
