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2023 Supreme(Bom) 1380

SANDEEP V. MARNE
Ashwin Bharat Khater – Appellant
Versus
Urvashi Bharat Khater – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mayur Khandeparkar a/w Ms. Shaheda Madraswala, Ms. Shikha Dharia i/by Vashi & Vashi
For the Respondent: Mr. Simil Purohit i/by Mr. Manoj Pandit

JUDGMENT :

1. Challenge in this Petition is to the order dated 12 April 2022 passed by the Designated Officer of the Maintenance Tribunal constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as for short “Senior Citizens Act, 2007”). Respondent No.1- Mother had filed an application under Sections 4, 5 and 23 of the Senior Citizens Act, 2007 against Petitioners, who are her younger son and daughter-in-law, broadly seeking four reliefs of revocation of two Gift Deeds, eviction of Petitioners from properties sought to be gifted, access to the Mother to bungalow and grant of monthly maintenance and medical expenses. The elder brother Avinash was impleaded as Respondent No.3 to the application. By the order impugned in the present Petition, the Tribunal has rejected the prayer for maintenance and medical expenditure. The prayer for eviction of Petitioners is also not granted. The Tribunal has however declared both the Gift Deeds dated 18 May 2017 as null and void. The Tribunal has also granted access to Respondent No.1 - Mother in the bungalow. The Tribunal has passed further orders restraining the Petitioners f

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