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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6618 of 2022 [On note for speaking to minutes of order dated 13/01/2023 in R/SCA/6618/2022 ]

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HIRAL VALJIBHAI BHUA Versus MANJULABEN MANJIBHAI SAVALIYA ================================================================

Appearance:

MR PRATIK Y JASANI(5325) for the Petitioner(s) No. 1 for the Respondent(s) No. 10,2,3,4,5,6,7,9 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 8 MR.PINANK J RAIYANI(10166) for the Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV Date : 01/02/2023

ORAL ORDER

[1] Perused the speaking to minutes note by which in paragraph No.15, typographical errors have been noted while transcribing order dated 13.01.2023. Therefore, taking note of the same, paragraph No.15 of the order dated 13.01.2023 passed in the captioned petition is modified and the same shall be replaced and read as under:

“15. Before a comparative analysis to distinguish the

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judgment on facts is undertaken, it will be in the fitness of things to reproduce the relevant provisions of the two statutes i.e. the Senior Citizens Act and the Domestic Violence Act.

Maintenance & Welfare of Parents & Senior Citizens Act, 2007

2(b). "maintenance" includes provision for food, clothing, residence and medical attendance and treatment.

Section 2(b) of the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Act, 2019 reads as under:

“Maintenance” includes provision for food, clothing, housing, safety and security, medical attendance, healthcare and treatment necessary to lead a life of dignity;

(ii) after clause (b) the following clause shall be inserted, namely;

(ba) “Maintenance Officer” means an officer designated as such by the State Government under sub-

section (1) of Section 18.

Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 reads as under:

“23 Transfer of property to be void in certain circumstances.

(1) Where any senior citizen who, after the

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commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.

(2) Where any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.

(3) If, any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organization referred to in Explanation to sub-section (1) of section 5.

Section 2(a), (q) (s), Section 17 and Section 19(f) of the Protection of Women from Domestic Violence Act, 2005 are reproduced hereunder:

2. Definitions.—In this Act, unless the context otherwise requires,—…..”

[2] Rest of the order judgment portion shall remain the same.

[3] The note for speaking to minutes stands disposed of accordingly.

(BIREN VAISHNAV, J)

VATSAL

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO.6618 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BIREN VAISHNAV Sd/-

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	1 Whether Reporters of Local Papers may be allowed to see the judgment ?	No
2

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