38.6c New Delhi, India, Tuesday, May 28, 2024
Judiciary

Functioning Physically or Through Virtual Mode - Bombay HC Asks State Government on the long period of closure of tribunal established under Maintenance and Welfare of Parents and Senior Citizen Act 2007 [Read Order]

By Pavitra Shetty      14 October, 2020 06:49 PM      0 Comments
Functioning Physically or Through Virtual Mode - Bombay HC Asks State Government on the long period of closure of tribunal established under Maintenance and Welfare of Parents and Senior Citizen Act 2007 [Read Order]

The Bombay High Court called upon the Maharashtra Government to explain the long period of closure of the tribunal established under the provisions of Maintenance and Welfare of Parents and Senior Citizen Act 2007 when all other authorities have resumed its functioning physically or through video conferencing as deemed fit. 

The Bench of Justice Milind N Jadhav and Nitin Jamdar J in the order to the writ petition filed in Bombay High Court by Subhash Ramnath Pandey asked the state government as to when the tribunal would resume functioning.

The writ petition was filed by the petitioner Subhash Ramnath Pandey under Article 226 of the Constitution of India for the direction of eviction from the High Court against his son Anam Subhash Pandey and his family from the petitioner’s flat.

The petitioner contends that he filed a writ petition in High Court because the tribunal established under the provisions of the Maintenance and Welfare of Parents and Senior Citizen Act 2007 is not functioning due to the COVID pandemic.

The petitioner further asserts that since the tribunal is not functioning since March of this year the court should issue the direction of an eviction and provide him the relief.

To the above contentions of the petitioner, the respondent filed a reply affidavit stating that the relief of eviction sought by the petitioner is not maintainable before the tribunal established under the provisions of the Maintenance and Welfare of Parents and Senior Citizen Act 2007.

The respondent also added that the petitioner who is his father was a Member of the Legislative Assembly and also a Cabinet Minister and there is no such ground that he is unable to maintain himself.

The court after hearing the arguments of both the parties made the following important observations- 

  1. The direction of eviction under Article 226 of the Constitution of India to a private respondent cannot be issued.
  2. The court does not wish to adjudicate the issue of whether the relief can be claimed under the Maintenance and Welfare of Parents and Senior Citizen Act 2007 as the tribunal established for the purpose of the act is temporarily closed.
  3. Writ Jurisdiction cannot be exercised to issue a direction to private parties.

The court further observed that neither of the party is living in a penny and it is a purely domestic dispute and there is no need for immediate relief.

The court took note that the Maintenance and Welfare of Parents and Senior Citizen Act 2007 which 

is enacted to provide relief to a senior citizen who may suffer because of neglect by children and there would be many such Senior Citizens who are in need of immediate relief and they would have no sort of relief because of the temporary closure of the tribunal since March which is a very long period of time.

The court thus calling upon the state government said that since various authorities have resumed functioning there is no need for the tribunal to be closed and it should resume its functioning physically or through video conferencing as found fit.

The court in the conclusion of the order made it clear that it will not look into the inter se dispute between the parties and only for the limited purpose of issuing the directions to the state government regarding the closure of the tribunal established under the provisions of Maintenance and Welfare of Parents and Senior Citizen Act 2007 the petition is considered.

 

[Read Order]



Share this article:



Leave a feedback about this
TRENDING NEWS

arvind-kejriwal-moves-supreme-court-to-extend-interim-bail-by-week-for-medical-tests
Trending Executive
Arvind Kejriwal moves Supreme Court to extend interim bail by 1 week for medical tests

Arvind Kejriwal seeks Supreme Court extension of interim bail by one week for medical tests in Delhi excise policy case amid ongoing ED investigation.

27 May, 2024 11:24 AM
delhi-high-court-to-become-indias-first-to-offer-wi-fi-access-for-all-visitors
Trending Legal Insiders
Delhi High Court to Become India's First to Offer Wi-Fi Access for All Visitors

Delhi High Court to offer Wi-Fi to all visitors, improving network connectivity and efficiency. Inauguration by Acting Chief Justice Manmohan on May 29, 2024.

27 May, 2024 11:56 AM

TOP STORIES

no-interim-relief-to-forest-essentials-in-trademark-fight-against-baby-forest-in-delhi-hc
Trending Business
No interim relief to Forest Essentials in trademark fight against Baby Forest in Delhi HC

Delhi HC denies interim relief to Forest Essentials in trademark case against Baby Forest, citing "forest" as generic. Next hearing on July 10.

22 May, 2024 11:35 AM
supreme-court-dismisses-plea-for-review-of-judgment-on-article-370
Trending Judiciary
Supreme Court dismisses plea for review of judgment on Article 370 [Read Order]

SC dismisses petitions challenging its ruling on Article 370, affirming the Centre's decision to revoke J&K's special status and create two Union Territories.

22 May, 2024 12:55 PM
manish-sisodia-bail-court-cites-great-betrayal-of-democratic-principles-in-liquor-policy-case
Trending Judiciary
Manish Sisodia Bail: Court Cites "Great Betrayal of Democratic Principles" in Liquor Policy Case

Delhi HC rejects Manish Sisodia's bail plea in the liquor policy scam case, calling his conduct a "great betrayal of democratic principles" and a misuse of power.

22 May, 2024 01:11 PM
conduct-not-free-from-blemish-sc-refuses-to-consider-plea-by-hemant-soren
Trending Judiciary
'Conduct not free from blemish,' SC refuses to consider plea by Hemant Soren

SC denies interim bail plea of ex-Jharkhand CM Hemant Soren in money laundering case, citing his conduct is blemished for withholding facts.

22 May, 2024 01:55 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email