Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction - Suit property belonging to senior citizen (Father) - Son and daughter-i, law forcibly occupying the portion of suit property and allegedly harassing the senior citizen - District Magistrate rightly directed the son and daughter-i, law to vacate the suit property, as they are mere..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 2(b) -- Maintenance - Can be ordered only against persons mentioned as `children' or `relative' as defined under the Act...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 2(k) -- Welfare measures - Can be imposed against any person based on the accepted relationship between parties involving mutual obligations for a considerable time though such persons would not come within the ambit of `children' or relative as defined under the Act...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 2(k) -- Welfare measures - It is open for the Tribunal to impose a liability for providing "welfare measures" on whom the Tribunal deems fit and it can be imposed, based on the accepted relationship between the parties...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction - Jurisdiction of Tribunal - Property in question not transferred by Senior citizen in favour of his son - S.23 of Act is therefore, not attracted, as unless the case falls directly u/s 23 of Act, Tribunal cannot exercise its power for adjudicating disputes concerning properties of..........
Maintenance and Welfare of Parents and Senior Citizen Act, 2007, Section 2(h), 2(k) -- Neglect and ill treatment of mother - Mother allowed to live in the house alongwith her daughter (Relationship of daughter estranged with her husband) - Plea that there is no provision in the Act for reinstatement of daughter - Mother instead of engaging an attendant, desired to be taken..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 2(d) -- Parent - There is no requirement for parent to be citizen of India - A person who is a parent is entitled to the benefits of 2007 Act which are conferred on parents, irrespective of his or her age or nationality...........
Protection of Women From Domestic Violence Act, 2005, Section 17(1), 2(s) -- Share household - A residence belonging to mother-i, law or father-i, law would not be a `shared household' within the meaning of S.2(s) of Act and a daughter-i, law has no right of residence therein in terms of S.17(1) of the Act - No question of PWDV Act being used at cross purposes with the..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 21, 22 -- Eviction - House exclusively belongs to mother-i, law - Existence of a joint family does not lead to presumption that property held by any member of family is joint, and the burden rests upon anyone asserting that any item of property was joint to establish that fact - House in question..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16 -- Appeal - Lies only at the instance of senior citizen, if aggrieved against the order passed by Tribunal - Appeal preferred by son and daughter in law of senior citizens is not maintainable under the provisions of the act...........
