K. VINOD CHANDRAN, PARTHA SARTHY
Ravi Shankar – Appellant
Versus
State of Bihar – Respondent
K. Vinod Chandran, CJ. – Law and morality regulate and control human behaviour in society. Though complementary, when morality is infused into legislation, the legislatures have to caution themselves from overstepping the legal premise and the Courts have the daunting task of avoiding a judicial overreach hinged only on popular notions of right and wrong. That parents have to be looked after by children require no legislative imprimatur but in deciding property rights, we should be conscious of the interplay of such rights regulated by various statutes.
2. The order impugned in the appeal is one affirming the order issued by the Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the Senior Citizens Act). The 8th respondent, who was the father of the first appellant was before the Tribunal seeking eviction of the 1st appellant & his wife-the 2nd appellant, who were residing in the rest house owned by the 8th respondent; the rent received from which is asserted to be the only income of the 8th respondent.
3. The petitioners in the writ petition, appellants herein, claimed that the prayers made by the 8th respondent, the appli
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