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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I.CHAGLA, FARHAN P.DUBASH
Jitendra Gorakh Megh S/o Gorakh Govind Megh – Appellant
Versus
Additional Collector and Appellate Tribunal, Mumbai – Respondent
Headnote: Read headnote
JUDGMENT :
FARHAN P. DUBASH, J.
1. A short but interesting question has posed itself for consideration in this matter – Whether an eviction order can be passed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 without any claim towards maintenance being made by the senior citizen?
2. The present Writ Petition challenges the order dated 1st October 2025 (appellate order) passed by the Additional District Collector – Mumbai exercising power as the Appellate Tribunal (Appellate Tribunal) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act). By the appellate order, the Appellate Tribunal dismissed the appeal preferred by the Petitioner challenging the order dated 26th August 2025 passed by the Sub-Divisional Officer – Andheri exercising power as the Presiding Officer –
An eviction order under the Maintenance and Welfare of Parents and Senior Citizens Act requires a maintenance claim by the senior citizen; without such a claim, the eviction is not maintainable.
The Senior Citizens Act empowers the Tribunal to issue eviction orders to protect the rights and welfare of senior citizens, emphasizing the obligation of children to maintain their parents, includin....
Senior citizen, cannot seek eviction from separate residence of son in a building owned by him, under Senior Citizens Act – Son also cannot claim a right to residence in a building exclusively owned ....
The Assistant Commissioner has the authority to issue eviction orders under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, especially to ensure the protection and maintenance o....
The main legal point established is the court's reliance on the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to protect the well-being of senior citizens and uphold eviction orde....
The main legal principle established is that the proceedings under the Senior Citizens Act are focused on the welfare and protection of senior citizens, and are not meant to decide the title of the p....
An application for eviction under the Senior Citizens Act, 2007 is not maintainable without a concurrent claim for maintenance, as maintenance is the primary issue.
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