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PRATHIBA M. SINGH
Rakhi Sharma – Appellant
Versus
State – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done through hybrid mode (physical and virtual hearing).
2. The present petition has been filed by the Petitioner, who is the wife of Respondent No.4 and daughter-in-law of Respondent No.3, against order dated 8 th February, 2021 passed by the District Magistrate. By the said order, the Petitioner has been evicted from premises bearing no. C-28, Mansa Ram Park, Uttam Nagar, New Delhi-59 (hereinafter, 'suit property'). The impugned order has been passed by the District Magistrate while exercising powers under Rule 22 (3)(1) (i) of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 (hereinafter, 'Rules'), as amended on 19th December, 2016 vide notification F.No.30(405)/Amendment of Rules-MAWPSC2007/DD(SS)/DSW/2015-16/24836-865.
3. The submission of ld. Counsel for the Petitioner is that the writ petition ought to be entertained by this Court, as an appeal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter, 'Act') can only be filed by a senior citizen. Ms. Tandon, ld. Counsel, on the other hand, submits that the impugned order is appealable to the Divisional Commissioner
The judgment emphasizes the need for clarity and awareness regarding appealable orders and forums under The Delhi Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rules to avoid c....
Any 'affected citizen' can prefer the appeal against the order of the DM under Section 16 of the Senior Citizens Act, not just a senior citizen or parent.
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....
A categorical statement is given by the petitioner that she is neither interfering in lives or movements of the persons living above the ground floor nor any of them is a tenant of the petitioner or ....
The Senior Citizens Act prioritizes the welfare of elderly individuals over property rights in eviction proceedings against family members.
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 Maintenance and Welfare of Parents and Senior Citizens Act, 2007 allows for eviction to protect senior citizens from threats to their life and property, independent of maintenance claims.
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