Photo Courtesy: India Today Group
Guwahati: The Gauhati High Court overruled a Maintenance Tribunal order that forced a man and his wife to vacate his father's home. Justice Mridul Kumar Kalita scrapped the January 29 ruling and sent the case back for a redo. The court found the tribunal trampled on the rights of the accused couple. They never got a chance to present evidence. Procedural rules were ignored.
The dispute started when the senior citizen claimed his son and daughter-in-law harassed him. He alleged their behavior forced him into hotels and rentals, ruining his safety and dignity. He initially filed for maintenance, but the tribunal rejected it because he had his own money. The High Court intervened in July 2025, allowing him to refile under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This led to the now-voided eviction order.
Senior advocate A.K. Bhuyan represented the petitioners. He argued the tribunal lied in its written order by claiming it heard the couple's counsel when no such hearing occurred. The court agreed, noting the tribunal failed to follow the Assam State Maintenance and Welfare of Parents and Senior Citizens Rules, 2012. Records were a mess. The file lacked an index and contained no order sheets.
Justice Kalita emphasized that tribunals must maintain transparency. He affirmed that courts retain the power to remove relatives if they threaten a senior's peace. As the judge stated, "The Maintenance Tribunal can even pass an order of eviction against the opposite parties" if their presence prevents a senior from living in his own home. However, that power demands strict adherence to the law. The tribunal must now restart the case with proper transparency and fairness.
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