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Ameera M – Appellant
Versus
Maintenance Tribunal, Kozhikode, Represented By Its Presiding Officer Sub Collector/Rdo – Respondent
JUDGMENT :
D. K. Singh, J.
Petitioners are the daughter, son, and wife, respectively, who filed proceedings No. N2/217/2023 before the 1st respondent, Maintenance Tribunal, constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007(‘the Act’ for short).
2. The 2nd respondent is the father of the 1st and 2nd petitioner, and the Husband of the 3rd petitioner, who is a senior citizen, filed a petition under Section 5 of the Act before the Maintenance Tribunal, Kozhikode (1st respondent). It is stated that the petitioners did not take care of providing the residence to him, and he needs maintenance to survive and lead a normal life. It is further stated that second respondent was living abroad, and after he came back from abroad, the petitioners did not permit him to reside in the flat purchased in the joint name of himself and his wife. Before going abroad, all the family members were staying together. After he came back from abroad with some ailments, the petitioners were not ready to accept him, and he had no place to live. It was also prayed that if the petitioners were not willing to permit him to stay with them, they should arrange a hou
Providing residence to a senior citizen under the Maintenance and Welfare of Parents and Senior Citizens Act is distinct from maintenance, and the Tribunal has jurisdiction to order such provision.
Right to get maintenance includes right to residence.
Tribunals under Senior Citizens Act can order children's eviction from parent's property without monetary maintenance claim, as 'maintenance' includes residence essential for normal life, per purposi....
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.
Tribunal under Senior Citizens Act may order child's eviction from parent's property sans monetary maintenance claim if essential for senior citizen's residence and normal life, particularly after fo....
The broad interpretation of 'property' under the Senior Citizens Act and the obligation of children to maintain senior citizens for them to lead a normal life.
The court affirmed that the provisions of the Senior Citizens Act can coexist with those of the Domestic Violence Act, allowing for a broad interpretation of 'children' to include a daughter-in-law i....
The court established that under the Maintenance and Welfare of Parents and Senior Citizens Act, eviction can be ordered to enforce maintenance rights of senior citizens when the transferee fails to ....
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