#Maintenance Tribunal

The Calcutta High Court ruled that Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 exceeds the scope of Section 30 of the Advocates Act, 1961, thereby affirming the right of senior citizens to be represented by a chosen advocate before the Maintenance Tribunal. This ensures tribunals cannot deny legal counsel, strengthening procedural safeguards for elderly litigants.

Bombay High Court Nagpur Bench rules that an application under the Senior Citizens Act, 2007 remains maintainable even without an explicit prayer for maintenance. The appellate authority must decide the case on merits rather than dismissing it on procedural grounds, ensuring fair access to welfare relief for senior citizens.

The Rajasthan High Court has affirmed that Maintenance Tribunals possess the authority to order eviction of adult children from a senior parent’s property when their conduct threatens the parent’s physical safety, mental well-being, or right to peaceful habitation. This ruling transforms eviction from a civil remedy into a statutory tool for enforcing dignity under the 2007 Act, setting a critical precedent for elderly protection across India.

The Punjab & Haryana High Court ruled that Maintenance Tribunals must be constituted with the mandatory two Non-Official Members under Sections 7 and 15 of the Act. Orders passed by an incomplete bench are void ab initio and must be reheard, ensuring strict procedural compliance to protect senior citizens' rights.

The Punjab & Haryana High Court ruled that eviction applications under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 must be filed exclusively before the Maintenance Tribunal-cum-Sub-Divisional Magistrate. Orders passed by the Additional Deputy Commissioner were held jurisdictionally invalid, clarifying the statutory forum for senior citizen eviction disputes.

The Punjab & Haryana High Court reaffirmed that eviction applications under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 must be filed exclusively before the Maintenance Tribunal-cum-Sub-Divisional Magistrate. Filing before the Appellate Tribunal or delegated officers renders the application non-maintainable, reinforcing jurisdictional boundaries for senior citizens' eviction rights.

The Bombay High Court ruled that eviction orders under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are invalid unless tied to a legitimate maintenance claim. The judgment restricts Maintenance Tribunals from adjudicating property disputes, reinforcing that eviction powers are ancillary to maintenance obligations. This decision impacts senior citizens seeking eviction of relatives and sets a precedent for jurisdictional boundaries under the Act.

Kerala High Court holds that individuals appointed under dying-in-harness schemes remain liable to maintain parents-in-law under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.