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IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI, CJ., ALOK KUMAR SINHA
Shailesh Kumar @ Azad. – Appellant
Versus
State of Bihar through Principal Secretary Co-operative – Respondent
JUDGMENT :
ALOK KUMAR SINHA, J.
Heard learned counsels for the Parties.
2. The Present Writ petition has been filed for the following reliefs:
“(i) For quashing of the order dated 10.06.2022 passed in Senior Citizen (Misc.) Appeal No. 01/2020-21 by the Collector-cum- District Magistrate, Patna whereby and whereunder the learned Collector set aside the order of Chairman cum Sub Divisional Officer, Patna Sadar, Patna.
(ii) For issuance of direction in the nature of mandamus upon the respondents authority to not disturb the family of the petitioners as the petitioners are living along with their family members.
(iii) For issuance of direction as your lordship may deem fit in the facts and circumstances of the case of the petitioners.”
3. Learned counsel for the appellants, while assailing the impugned judgment of the learned Single Judge (Annexure–7 to the LPA appeal), submitted that the very initiation of proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was without jurisdiction, inasmuch as the appellants are not “children” within the meaning of Section 4 of the Act, but nephews of the complainant senior citizen. It was urged that the property in disp
The Maintenance Tribunal has jurisdiction to order eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to protect senior citizens' rights, without adjudicating owners....
Rule 20 gives indication that being a piece of welfare legislation, it adjures administration to avert threat of life and property of senior citizens.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 protects the rights of senior citizens to maintain possession of their property independent of their children's claims.
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 Maintenance and Welfare of Parents and Senior Citizens Act enables eviction of children from a parent's self-acquired property when there are credible allegations of harassment, emphasizing the p....
The court clarified that the authorities under the 2007 Act do not have the power to order eviction, but are limited to granting maintenance and addressing fraudulent property transfers.
Eviction can be an incident of the enforcement of the right to maintenance and protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Point of Law : Entitlements of a woman to a right in a shared household - Right of a woman to secure a residence order in respect of a shared household cannot be defeated by simple expedient of secur....
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