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Search Results Judgments > Act:maintenance and welfare of parents and senior citizens act Section 24

Nov 12 2013

Sahir Sha M Vs. State of Kerala

  • Decided on : 12-Nov-2013

Court : Kerala

... . ORDER Petitioner is the second accused in Crime No. 169/2012 of Balaramapuram Police Station, Thiruvananthapuram. The offence alleged are punishable under Sections 468, 471, 420, 120 (B), 380, 387 and 34 of IPC and Section 24 of Maintenance and Welfare of Parents and Senior Citizens Act. The case of the prosecution is that the accused compelled their mother to dispose her property and misappropriated the sale consideration, which ...

Mar 29 2011

Soumen Bhattacharjee Vs. Paramita Bhattacharjee (Ganguly)

  • Decided on : 29-Mar-2011

Court : Kolkata - Appellate

... learned Judge failed to consider that the husband was under an obligation to maintain his old parents and that in terms of an order passed by the competent authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, he has been paying consolidated sum of Rs. 2,500/- to them each month. That ... learned Additional District Judge, 2nd Court, Barasat. By the impugned order, the petition filed by the opposite party (hereafter the wife) under Section 24 of the Hindu Marriage Act (hereafter the Act) dated September 14, 2010 was allowed on contest. It was held that the wife is entitled to alimony pendente lite of Rs. ... of monthly maintenance. 12. The order of the learned Judge accordingly stands modified. Instead of Rs. 8,000/- as directed to be paid by the impugned order, the husband shall be under an obligation to pay Rs. 7,000/- per month from the date the application under Section 24 of the Act was filed ... right. It does not appear from the order impugned that the fact that the husband has to bear Rs. 2500/- on account of maintenance of his parents was given any consideration worth the name. Also, the husband being a staff reporter and Rs. 1,500/- being allocated by his employer ... for the purpose of determining the quantum based whereon alimony pendente lite was required to be ordered. If the amount of maintenance that the husband is liable to bear for his parents and the amount allocated by the employer for his conveyance is deducted, a sum of Rs. 14,735/- is ...

Aug 14 2014

M.Venugopal Vs. 1.The District Magistrate cum

  • Decided on : 14-Aug-2014

Court : Chennai

... force a completely new legislation viz., ".The Maintenance and Welfare of Parents and Senior Citizens Act, 2007".. This Act aims at compelling the children to pay maintenance to the parents and also to the other senior citizens by their relatives. It also contains provision for measures for protection of the senior citizens. Thus, the object of the act is though laudable, it is unfortunate that the ... maintenance could be made only on the satisfaction of the Tribunal by means of adjudication on appreciating the evidence that the children or relative, as the case may be, neglect the parent/senior citizen or refuse to maintain them. In the absence of any adjudication and clear findings as indicated in sub-section (1) of Section 9, no order can be passed for maintenance ... inexpensive and easy for the senior citizens. But, in practice, I should say, the Tribunals constituted in the State, instead of minimising the hardship of the senior citizens, will only add to their agonies. This conclusion of mine is based on factual matrix. Let us take for illustration the case on hand.24. In this case, the ... Therefore, the 3rd respondent made a complaint to the Revenue Divisional Officer, who also incidentally happened to be the ".Maintenance Tribunal". under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ".the Act".). In that complaint, the 3rd respondent had requested the Revenue Divisional Officer to take possession of the mill ...

Sep 26 2013

Present : Mr. Puneet Bali Senior Advocate with Vs. Union Territory ...

  • Decided on : 26-Sep-2013

Court : Punjab and Haryana

... Maintenance & Welfare of Parents & Senior Citizens Act, 2007 (hereinafter referred to as the said Act). The appellants have made it clear that they do not want any maintenance from their son i.e. respondent No.7. It is stated that the appellants have no other efficacious remedy on account of failure of respondents No.1 to 6 to make appropriate arrangements under the said Act ... Act.30. Chapter-II of the said Act deals with the maintenance of parents and senior citizens while Chapter-IV deals with the medical care. However, since the appellants before us are claiming neither, we are not delving these provisions in any detail. The relevant Chapter-V provides for protection of life and property of senior citizens. Section 21 provides for measures of publicity, awareness etc. for welfare of senior citizens, while Section ... the property and remaining will have to be vacated by him forthwith. On this, learned counsel for respondent No.7 sought time to obtain requisite instructions.24. On 27.08.2013, the sale-deed dated 29.03.1962 in respect of the property in question in Chandigarh was taken on record and ... Section 18 of the said Act vide order dated 17.04.2012. It has been emphasized that Chandigarh police has been taking special care of the security needs of old persons living alone, inter-alia by establishing a toll free helpline. The State Council of Senior Citizens in terms of sub clause (2) of Rule 21 under Chapter VII of The Maintenance and Welfare of Parents and Senior Citizens ...

Apr 26 2012

Anbalagan. Vs. The Sub Divisional Executive Magistrate

  • Decided on : 26-Apr-2012

Court : Chennai

... :In exercise of powers conferred under sub-section (1) of Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Central Act No.56 of 2007), the Governor of Tamil Nadu, hereby constitutes a Tribunal in each Sub-division for the purpose of adjudicating and deciding upon the order for maintenance under Section 5 of the said Act. The above Tribunal shall be presided ... Act which is in force for three years. The petitioner is none other than the son of the third respondent herein.2. By the impugned order, the first respondent held that the petitioner cannot claim any right over the properties enjoyed by the third respondent father including the land in S.No.110 to an extent of 2.24 ... order for maintenance under Section 5 of the said Act. The above Tribunal shall be presided over by the Revenue Divisional Officer of the concerned Sub-division.[No.II(2)/SWNMP/725(b-1)/2009]Notification on the Appellate Tribunal :In exercise of powers conferred under sub-section (1) of Section 15 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Central Act No.56 ... the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short MAWOPASC Act) and the rules framed thereunder. In this writ petition, the petitioner challenges the order passed by the Sub Divisional Executive Magistrate-cum-Revenue Divisional Officer, Krishnagiri, dated 23.5.2011. Perhaps this is the first case received by his office under this Act which is in ...

Oct 19 2010

K.K. Ambujakshy Vs. Under Secretary (PVA), Ministry of External Affair ...

  • Decided on : 19-Oct-2010

Court : Central Administrative Tribunal (CAT) - Ernakulam

... considered any of the contentions raised in the representation. The applicant has a legal duty and obligation to maintain and look after her father-in-law under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The undertakings from all Superintendents have been obtained by pressure. At the time of giving the said undertaking the applicant could not have contemplated that she ... HON'BLE Mr. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER 1. Aggrieved by the order dated 24.06.10. transferring her from the Regional Passport Office, Ernakulam, to the Regional Passport Office, Bangalore, the applicant has filed this O.A. with a prayer to set it aside. ... a cardiac attack recently. As pointed out by the applicant, she has a legal duty and obligation to maintain and look after her father-in-law under Section 4 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The respondents cannot be unaware of this legal obligation. 10. When the transfer order was issued on 26.06.2010, the applicant was more than 58 ... the other facts. 13. The transfer order in respect of the applicant violates the provisions of The Persons with Disabilities (Equal Opportunities, Protection of rights and Full Participation) Act, 1995, The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the transfer guidelines and the O.Ms mentioned above. Therefore, in the interest of justice, it is necessary that the respondents take a relook at the ...

Aug 06 2013

Elizabeth Packiam Vs. State of Tamil Nadu

  • Decided on : 06-Aug-2013

Court : Chennai

... to the suitability of either parent to hold custody of the children, their welfare being of paramount interest. The competent civil forum under Guardian and Wards Act, 1890 was the more appropriate one, it having been held that the remedy there before cannot be stated to be less efficacious than that under Article 226 of Constitution of India. Learned Senior Counsel relied on a ... first child held a person of Indian origin card while the second did not. Both children were Australian citizens. As they were not ordinarily resident in India, the Family Court would have no jurisdiction to exercise powers under Section 17 of the Guardians and Wards Act,1890. Learned counsel would add that allegations of forgery of passport and visa were not denied in ... habitat of Adithya is in the United States of America. As a matter of fact, keeping in view the welfare and happiness of the child and in his best interests, the parties have obtained a series of consent orders concerning his custody/parenting rights, maintenance, etc. from the competent courts of jurisdiction in America. Initially, on 18-4-2005, a consent order governing ... play in a play area. On 21.06.2013, the third respondent informed second petitioner that he would take the children out to a tourist attraction and Theme Park on 24.06.2013, informing that three families were going along with him and that the children would have the company of other young children. Third respondent took the children on ...

Mar 18 2013

HIGH COURT OF PUNJAB AND HARYANA AT Vs. M/s. Atma Tube Products Ltd. & ...

  • Decided on : 18-Mar-2013

Court : Punjab and Haryana

... without any definition. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 defines relative . [Section 2(g)].which means any legal heir of the childless senior citizen who is not a minot and is in possession of or would inherit his property after his death .Such a relative is obligated to maintain a senior citizen as per Sections 4&5 of the 2007 Act. The Advocates Welfare Fund Act, 2001 (Section 11) cast ... heir . are relatable to some other rights given to a victim under the Code including the one under proviso to Section 24(8) to engage an advocate with the permission of the Court and the other substantive right to appeal under proviso to Section 372 of the Code. CRM-790-MA-2010 final - 37 - (64).The right to engage an advocate given ... death .Such a relative is obligated to maintain a senior citizen as per Sections 4&5 of the 2007 Act. The Advocates Welfare Fund Act, 2001 (Section 11) cast a duty on the Trust Committee to make payment out of the welfare fund to the members of the fund or their nominees or legal heiRs.The Merchant Shipping Act, 1958 (Section 141) also contemplates payment of compensation to a ... heir of the childless senior citizen who is not a minot and is in possession of or would inherit his property after his death .Such a relative is obligated to maintain a senior citizen as per Sections 4&5 of the 2007 Act. The Advocates Welfare Fund Act, 2001 (Section 11) cast a duty on the Trust Committee to make payment out of the welfare fund to the ...

Nov 22 2013

Sanjay Walia Vs. Sneha Walia and Anr

  • Decided on : 22-Nov-2013

Court : Delhi

... filed a petition under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the Act?) for grant of maintenance. There is a dispute between the petitioner and respondent No.1 with respect to ownership of second floor of house No.C-24, Panchsheel Enclave. The Tribunal, considering the aforesaid dispute, ... Section 9 of the Act reads as under: 9. Order for maintenance.--(1) If children or relatives, as the case may be, neglect or refuse to maintain a senior citizen being unable to maintain himself, the Tribunal may, on being satisfied of such neglect or refusal, order such children or relatives to make a monthly allowance at such monthly rate for the maintenance of such senior citizen ... senior citizen being unable to maintain himself, the Tribunal may, on being satisfied of such neglect or refusal, order such children or relatives to make a monthly allowance at such monthly rate for the maintenance of such senior citizen, as the Tribunal may deem fit and to pay the same to such senior citizen as the Tribunal may, from time to time, direct. (2) The maximum maintenance ... senior citizen as the Tribunal may, from time to time, direct. (2) The maximum maintenance allowance which may be ordered by such Tribunal shall be such as may be prescribed by the State Government which shall not exceed ten thousand rupees per month. 4. It would thus be seen that the power and jurisdiction of the Tribunal is restricted to grant of maintenance ...

May 28 2014

Paramjit Kumar Saroya Vs. The Union of India and ...

  • Decided on : 28-May-2014

Court : Punjab and Haryana

... support of the parents and senior citizens is the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the said Act). However, in the urgent need for the said enactment, we do feel that possibly the fine tuning of certain provisions has escaped attention as is being elucidated by us hereinafter. The very statement of objects and reasons of the said Act has ... order of the Tribunal .. This is how Section 15 reads. It does not say an appeal only by a senior citizen or parent. However, sub section (1) of Section 16 refers to any senior citizen or a parent aggrieved by an order of the Tribunal .. This seeks to give an impression on a plain reading as if only a senior citizen or parent can prefer an appeal and, thus, ... , and which all collectively create."Sharma Amodh 2014.05.31 11:40 I attest to the accuracy and integrity of this document chandigarh CWP-7282-2010 (O&M) 24 CWP-12340-2010 (O&M) In the aforementioned case, therefore, some words were read into and the plain and natural construction was not given. . We cannot express them ... in Section 2 of the said Act are followed by Section 3 which gives the provisions of the Act an over-riding effect notwithstanding anything contained inconsistent therewith in any other enactment. Maintenance of parents and senior citizens is contained in Chapter II starting from Section 4. The obligation of the children or relative Sharma Amodhto maintain a senior citizen extends to the needs of a senior 2014. ...

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