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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Savita Avinash Khamkar – Appellant
Versus
Jyotiram Marutirao Khamkar – Respondent
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.1 and Respondent No.2 got married on 6 June 2015 and started living in a joint family in the house of Respondent No.1-father-in-law. Respondent No.3 is the brother-in-law of Petitioner No.1. The structure comprising of ground floor plus two upper floors and it appears that Petitioner No.1 a
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Section 3 of Senior Citizens Act, 2007 cannot be deployed to over-ride and nullify other protections in law, particularly that of a woman s right to a shared household under Sections 17 of DV Act 200....
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