Back
K. LAKSHMAN
Dayalla Kanthamma – Appellant
Versus
State of Telangana – Respondent
ORDER:
K. Lakshman, J.
Heard Sri M. Ratan Singh, learned counsel for the petitioner, Sri L.Ravinder, learned Asst.Govt.Pleader for Revenue.
2. This writ petition is filed challenging the order dated 07.10.2023 in proceedings No.E/1268/2023 passed by the 3rd respondent.
3. 1st respondent filed an application under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, ‘the Act’) before the 3rd respondent claiming maintenance and also to cancel the gift settlement deed bearing No.46/2018 dated 08.01.2018 executed by her in favour of her grandson/5th respondent herein.
4. Vide order dated 07.10.2023, respondent No.3 basing on the compromise settlement report submitted by Sri Aged Division Raj, Bhuvanagiri Gars, Sri Dayyala Shivayya and Sri Dayyala Mahesh, respondents 4 and 5 respectively and directed the respondents 4 and 5 to pay an amount of Rs.2,000/- per month towards maintenance to the petitioner herein.
5. Feeling aggrieved by the said order, the petitioner filed the present writ petition contending that the 3rd respondent is not having power to resolve the issue between the parties recorded compromise or settlement and he cannot pass such an ord
A writ petition challenging an order under the Maintenance and Welfare of Parents and Senior Citizens Act is not maintainable when an alternative remedy exists, unless exceptional circumstances are p....
The Senior Citizens Act allows for summary eviction of children from a senior citizen's property due to non-maintenance or ill-treatment, emphasizing procedural compliance.
The eviction of children from a senior citizen's property must follow the summary procedure outlined in the Telangana State Maintenance and Welfare of Parents and Senior Citizens Rules, ensuring comp....
The court emphasized the need for strict compliance with procedural requirements in eviction applications by senior citizens to ensure their protection from harassment.
The main legal principle established is that the proceedings under the Senior Citizens Act are focused on the welfare and protection of senior citizens, and are not meant to decide the title of the p....
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....
An eviction order under the Maintenance and Welfare of Parents and Senior Citizens Act requires a maintenance claim by the senior citizen; without such a claim, the eviction is not maintainable.
The central legal point established in the judgment is the interpretation and application of Section 23(2) of the Senior Citizens Act, which empowers the Tribunal to order eviction of the occupant fr....
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
