HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Marital Rape; Peter England’s Trade mark; Maggie; MP Abdul Rashid’s parole; and more
A quick legal roundup to cover important stories from all High Courts this week.
Senior citizens
Property disputes not covered by Senior Citizens Act: Delhi HC emphasizes purpose of the Act is to ensure welfare of senior citizens
“A reading of the Act makes it clear that the forum under the Act do not have the jurisdiction to decide the title of the property and the purpose of the Act is maintenance of the senior citizen and to ensure their welfare. The question of title, therefore, cannot be decided by forums under the Senior Citizens Act”
Delhi High Court mandates expedited relief in abuse and eviction dispute under Senior Citizen Act
The very word senior citizens should not refer to only the age beyond 60 years but should invite everyone’s attention to the literal meaning of “senior” also, which as per Oxford dictionary refers to the word “senior” as “equivalent to having a high or higher position in a company, organization, etc. and thus, in the society qua the younger generation.
Call for Papers | RGNUL-ICSSR Seminar on Senior Citizens and Elderly People [Submit Abstract by Jan 28, 2024]
The Seminar is sponsored by Indian Council Of Social Science Research (ICSSR), North-Western Regional Centre, Chandigarh ABOUT RGNUL The Rajiv Gandhi National
Object of Senior Citizens Act, 2007 to ensure parents are not deprived of own properties at the instance of their children: Bombay High Court
“A Mother executing gift of her residential bungalow in favour of her son is bound to expect that the son would let her reside in that bungalow.”
Delhi High Court | An eviction order is well within the power of District Magistrate under Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016
Rule 22 (2) & (3) of Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016 gives powers to the District Magistrate to pass an Order of eviction in case it is found that the senior citizens are being ill-treated and are not being maintained by their children.
Able-bodied person, who is bound to maintain a dependant wife, also responsible to maintain his dependant mother: Karnataka HC
While hearing a petition wherein sons of an aged mother expressed their inability to pay monthly maintenance to their mother, the Court grimly observed that number of youngsters who are unwilling to look after their aged parents, is sadly increasing.
Delhi High Court |Section 17 of Senior Citizens Act, 2007 not to come in way of legal representation before the Maintenance Tribunal
Delhi High Court: In a case filed by the petitioners challenging the vires of Section 17 of the Maintenance and
Madras High Court exercises parens patriae jurisdiction to deal with the issue of senior citizen welfare and old age homes; Guidelines issued
Madras High Court: A Division Bench of R Mahadevan and J Sathya Narayan Prasad, JJ. upheld the constitutional validity of Government Order
Can Maintenance and Welfare of Parents and Senior Citizens’ Tribunal direct the daughter-in-law to pay maintenance to her in-laws? Bom HC decodes
Bombay High Court: The Division Bench of S.S. Shinde and Revati Mohite Dere, JJ., observed that the daughter-in-law cannot be directed by
Ill-treatment meted out to respondent-mother, expelled from her own house, allegations of mental, physical and social abuse; Raj HC directs petitioner-son to vacate the house with his family
Rajasthan High Court: Sameer Jain J. dismissed the petition and refused to interfere with the impugned order. Factual Background The facts of
Harassment to grab senior citizen’s property | 94-year old father approaches Court stating he doesn’t want his daughter even for one-minute longer: Read Bom HC’s decision
Bombay High Court: Noting in case after case, complaints from senior citizens that their own sons and daughters are harassing them, Division
Children living in parents’ house are at best licensees: Cal HC says senior citizens’ exclusive residentiary rights to be viewed from prism of Art. 21
Calcutta High Court: Rajasekhar Mantha, J., held that, To compel a senior citizen to approach either a civil court (the jurisdiction of
Bom HC | “Are you prepared to introduce door to door vaccination for senior citizens?” HC sanctions door to door vaccination after noticing center’s disinclination to formulate a universal scheme
Bombay High Court: The Division Bench of Dipankar Datta, CJ., and G. S. Kulkarni, J., asked the Municipal Corporations if they are
Daughter-in-law’s right to residence under DV Act versus right of in-laws to seek eviction under Senior Citizens Act, 2007| Here’s how SC solved the conundrum on these competing interests
“Rights in law can translate to rights in life, only if there is an equitable ease in obtaining their realization.”
AP HC | “Real respect and honour is to render speedy justice to senior citizens”: HC says early disposal of cases concerning senior citizens should be prioritised
Andhra Pradesh High Court: Battu Devanand, J., observed that: It is the duty of the Courts to see that the senior citizens
All HC | Is the District Magistrate under obligation to provide protection to senior citizens being harassed by their children? HC explains
Allahabad High Court: The Division Bench of Pankaj Mithal and Saurabh Lavania, JJ., directed the District Magistrate to provide protection to senior citizens
COVID 19 | In-house care-givers of Senior Citizens, Prepaid mobile recharge utilities, Food processing units in urban areas exempt from lockdown restrictions
Ministry of Home Affairs (MHA) has issued an order to exempt certain activities under the consolidated revised guidelines (https://www.mha.gov.in/sites/default/files/MHA%20order%20dt%2015.04.2020%2C%20with%20Revised%20Consolidated%20Guidelines_compressed%20%283%29.pdf), regarding the Nationwide
Parents can evict children under the provisions of MWPSC Act, 2007 upon being harassed: Bombay HC
Bombay High Court: A Single Judge Bench comprising of R.D. Dhanuka, J., addressed a petition filed under Article 227 of the Constitution
Investment limit for Senior Citizens doubled from Rs. 7.5 lakh to Rs.15 lakh under Pradhan Mantri Vaya Vandan Yojana
The Union Cabinet has given its approval for extending the investment limit from Rs 7.5 lakhs to Rs 15 lakhs as well