Supreme Court Clarifies Date to Determine Senior Citizen Status Under Maintenance Act

The Supreme Court ruled that the relevant date to determine “senior citizen” status under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is the date of filing the application before the Maintenance Tribunal, not the date of adjudication.

The Court allowed the appeal of 80-year-old Kamalakant Mishra, whose son had taken possession of his properties.

The Bombay High Court had struck down the eviction order since the son had crossed 60 during the proceedings. 

The Supreme Court held that because the son was 59 at the time of filing, the Tribunal rightly exercised its jurisdiction.

[Kamalakant Mishra v. Additional Collector and Others]