Photo Courtesy: nenow
Guwahati: The Gauhati High Court tossed out an eviction order against a senior citizen’s son and daughter-in-law. Justice Mridul Kumar Kalita ruled the Maintenance Tribunal bypassed key legal requirements. The court sent the case back for a fresh look.
The dispute started with a January 29 order. It demanded the couple leave the home within 30 days. The father claimed the pair harassed him, forced him out, and ruined his peace. He previously failed to win a maintenance claim before a July 2025 High Court ruling allowed him to refile under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Senior advocate A.K. Bhuyan represented the couple. He argued the tribunal never actually heard their side. "No such hearing had taken place before the eviction order was passed," Bhuyan told the court. Justice Kalita agreed the process was flawed. The tribunal failed to maintain basic records, including order sheets or an index. It only kept the final January decision.
Maintenance tribunals hold the power to evict if a relative ruins a senior’s safety or dignity. Yet, Justice Kalita emphasized that quasi-judicial bodies must act transparently. They must follow the 2007 Act and the 2012 Assam State Maintenance and Welfare of Parents and Senior Citizens Rules. Denying the right to present evidence violated natural justice. The tribunal must now start over and follow the law properly.
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