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IN THE HIGH COURT OF BOMBAY AT GOA BENCH
Valmiki Menezes
Santosh Savlaram Morajkar, Son of late Shri. Savlaram Morajkar – Appellant
Versus
Sumitra Savlaram Moraskar, W/o late Shri. Savlaram Moraskar – Respondent
JUDGMENT :
Valmiki Menezes, J.
1. Heard learned Advocates for the parties.
2. Rule. Rule is made returnable forthwith; at the request of and with the consent of learned Advocates for the parties, the matter is finally heard and disposed of. Learned Advocate Mr. Sahil Sardesai appointed under the Legal Aid Scheme waives service for Respondents.
3. This petition takes exception to the Judgment and Order dated 12.10.2023, wherein the Maintenance Tribunal (Deputy Collector) under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (“The Act”), had directed the Petitioner, who is the son of the Respondent No.1 to pay a monthly maintenance of Rs. 10,000/- (Rupees Ten Thousand only) to his mother (Respondent No.1). During the pendency of this petition, the Petitioner has deposited the arrears of Rs.1,30,000/-(Rupees One Lakh Thirty Thousand only) before the Registry of this Court, which was released under order of this Court dated 03.07.2024 in favour of the Respondent No.1. By order dated 03.07.2024, this Court had directed the Petitioner to continue payment of the maintenance amount at the rate of Rs. 10,000/- (Rupees Ten Thousand only) per month, last of which
The Maintenance Tribunal must conduct due inquiry and include all liable parties in maintenance claims, while parties are entitled to legal representation despite statutory restrictions deemed ultra ....
Section 30 of the Advocates Act, 1961 gives an absolute right to an Advocate to practice before all Courts and Tribunals and would prevail over the Maintenance Act.
constitutional right - Right of Advocates/Legal practitioners to represent either parties before Tribunal/Appellate tribunals - Constitutional right guaranteed under Article 21 of Constitution and le....
Point of law: Section 17 mandates that no party to a proceeding before the Tribunal or Appellate Tribunal shall be represented by a legal practitioner notwithstanding anything contained, in any law.
The court established that Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is ultra vires the Advocates Act, allowing advocates to represent parties in tribunal pr....
The judgment emphasizes the importance of following due procedure of law, including impleading other liable parties and referring matters to conciliation as prescribed by the Act and Rules.
The main legal point established in the judgment is that the Maintenance Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has all the trappings of a civ....
Parents are legally obligated to maintain their minor children irrespective of their financial circumstances, as per relevant statutory provisions.
The Maintenance Tribunal has the power and jurisdiction to declare the transfer of property by a senior citizen as void under the circumstances specified in Section 23 of the Maintenance and Welfare ....
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