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2024 Supreme(Bom) 1017

GAURI GODSE
Pawan Ravindra Panchal – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Y.M. Naik, Yashashri Naik
For the Respondents: Hemant Ghadigaonkar, M.P. Thakur

JUDGMENT :

GAURI GODSE, J.

1. This petition takes an exception to the order passed by the Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('Senior Citizens Act'). By the impugned order, the application filed by respondent no. 2, under Section 5 read with Section 9 of the said Act is allowed and the petitioners are directed to vacate the residential premises and not claim any right in respect of the residential premises during the lifetime of respondent no. 2. The impugned order further directs the petitioners not to harass respondent no. 2 in any manner. The impugned order further directs petitioner no. 1 to pay monthly maintenance of Rs 4,000/- to respondent no. 2. Petitioner no. 1 is the son of respondent no. 2 and petitioner no. 2 is the wife of petitioner no. 1.

2. Respondent no. 2 on 26th August 2022 filed an application under Section 5 of the Senior Citizens Act, claiming monthly maintenance from petitioner no. 1 and for getting the peaceful and vacant possession of the residential premises. Respondent No. 2 was 69 years of age at the time of filing the application. Respondent No. 2, contended that her husband died on 27th June 2021 and after

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