Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 24 -- Exposure and abandonment of senior citizen - Expression "having the care and protection of senior citizen" - Means a child/person who is legally obligated to be in care and protection of parents/senior citizen because otherwise, any child or relative can indifferently decline to take care of..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 24 -- Abandonment of senior citizen - Exemption from prosecution - If petitioner is able to establish on facts that she had not abandoned or left the senior citizen with the intention of abandoning her, then it would be sufficient justification for her to claim exemption from prosecution...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16 -- Appeal u/s 16 of the Act - Not maintainable at the instance of children or relatives - However, children and relatives are not precluded from resorting benefit of judicial review u/art 226/227 of Constitution against an order passed u/s 5 of the 2007 Act...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 5, 23 -- Eviction order against daughter-in-law - No right conferred upon senior citizen under the Act against daughter-in-law, as she does not fall within category of `children' - Question of daughter-in-law being a `relative' under the Act does not arise in any event, since she would not inherit..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order - Jurisdiction of Tribunal - Remedy of eviction has never been provided in any of the provision of the Act - Tribunal thus, was patently without jurisdiction in granting such relief to senior citizen...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order - Pendency of civil suits of eviction and partition - Petitioners specifically claimed to be co-parcenars to suit property, which allegedly belongs to a Hindu Undivided Family - Since such rights are already subject to adjudication before competent Civil Courts, Tribunal acted..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order against daughter-in-law and her two minor children - Hindu Undivided Property - No order can be passed against minor as per the Act - Mother of children being daughter-in-law of senior citizen is equally entitled to residence in suit premises both under the Act as well as other..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order - No finding by Tribunal or any case being proved on evidence that there was condition attached to possession of petitioners to provide basic amenities and physical needs to opposite party, which is a pre-condition of an order being passed u/s 23 of the Act - Eviction order set..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 5, 23 -- Welfare of senior citizens - Rejection of application - Legality of - No parental abuse - Suit for possession and refund of Rs.46,54,465/- along with interest - Mis-appropriation of joint family funds - Senior citizen filed application against one son with the help of other sons - Two..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Welfare of senior citizens - Family dispute - Jurisdiction - Where matter appears to be a family dispute neither District Magistrate nor SSP would have any authority to issue a mandatory injunction to assume that son is in unauthorized possession in portion of residential house in which senior..........
