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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Savita Avinash Khamkar – Appellant
Versus
Jyotiram Marutirao Khamkar – Respondent
| Table of Content |
|---|
| 1. challenge to maintenance tribunal's order. (Para 1 , 2 , 3 , 4) |
| 2. court's observations on residence arrangements. (Para 5 , 7 , 8 , 9 , 10 , 11) |
| 3. interplay of senior citizens act and d.v. act. (Para 6) |
| 4. order for temporary residence and financial support. (Para 12 , 13) |
JUDGMENT :
SANDEEP V. MARNE, J.
1. The Petitioner has filed the present Petition challenging Order dated 27 October 2020 passed by the Maintenance Tribunal constituted under the provisions of the MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT , 2007, by which the Tribunal has directed Petitioner and her husband (Respondent No.2) to vacate the possession of the premises comprising of three rooms on ground floor of the structure in question. The Order of Maintenance Tribunal was unsuccessfully challenged by the Petitioner before the Appellate Authority, which has proceeded to dismiss the Appeal by Order dated 5 March 2021, which is also the subject matter of present Petition.
2. There is no dispute to the position that the structure in which the concerned premises, comprising of three rooms are located, belongs to Respondent No.1 who is the father-in-law of Petitioner No.1. Petitioner No.
The interplay between the Senior Citizens Act and the Domestic Violence Act necessitates that claims to residence in a shared household under the DV Act cannot be overridden by eviction orders based ....
Right of a woman to secure residence order in respect of a shared household cannot be defeated by simple expedient of securing order of eviction by adopting summary procedure under Senior Citizens Ac....
The duty of the Maintenance Tribunal to consider the rights of the daughter-in-law under the Act, 2005 and the need for a composite order considering the competing claims of the parties under both ac....
The Senior Citizens Act protects the rights of senior citizens against eviction and harassment by their children, affirming that children cannot assert property rights during the parents' lifetime.
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....
The main legal point established is the need for a harmonious construction of the Senior Citizens Act and the Domestic Violence Act, ensuring that the rights of both parties are given due considerati....
Eviction orders under the DV Act require careful consideration of evidence regarding shared household rights and cannot be issued without assessing domestic violence context and current legal obligat....
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