Delhi HC Repels Challenge Against Rules Enabling District Magistrate To Evict Children Who Do Not Provide Maintenance To Parents [Read Judgment]
5 years, 9 months ago

Delhi HC Repels Challenge Against Rules Enabling District Magistrate To Evict Children Who Do Not Provide Maintenance To Parents [Read Judgment]

Live Law  

The Delhi High Court on Friday dismissed a petition seeking to quash the Rules 22 and 22 of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2016 for being ultra-vires the parent Act of 2007 and the Constitution. The bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao noted that section 22 of the Act empowers the state government to confer such powers and duties on a District Magistrate for compliance of the provisions of the Act and for which purpose the state government shall prescribe a comprehensive Action Plan for protecting the life and property of senior citizens. "So, it is clear that the Act itself empowers the State Government to confer such powers and duties on District Magistrate for protection of life and property of the senior citizens", the High Court said. So, the objective of the Act is to provide inexpensive and speedy protection of life and property of the senior citizens from the children / legal heirs, who are expected to maintain their parents but refuse or fail to provide basic amenities and other physical needs, which conduct shall amount to ill-treatment and non-maintenance and shall be a ground for parents to seek eviction of the children from the property, which is the only way for them to seek protection of their property so that they continue to have shelter over their head and sustain themselves independently, the bench headed by the Chief Justice has opined.

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History of this topic

Maintenance law meant to promote equality among spouses, not idleness: Delhi HC
Top News
3 days, 6 hours ago

Maintenance law meant to promote equality among spouses, not idleness: Delhi HC

Hindustan Times  

New Delhi, The law relating to maintenance of wives, children and parents intends to provide protection to them and promote equality among the spouses and not "idleness", the Delhi High Court has held. Maintenance law meant to promote equality among spouses, not idleness: Delhi HC The high court said qualified wives, having an earning capacity but desirous of remaining idle, …

Delhi High Court clears public servant in negligence case, cites belated sanction
1 month, 3 weeks ago

Delhi High Court clears public servant in negligence case, cites belated sanction

India Today  

Sanction has to be obtained by the prosecuting agency before a court takes cognisance and any subsequent sanction would be futile, the Delhi High Court held recently. Justice Neena Krishna Bansal passed the order in a case where a belated sanction was accorded for prosecution of public servants -- the petitioner, an MCD school principal, and a junior engineer contractor …

Delhi HC Rejects Income Tax Director's Appeal U/S 19 Contempt Of Courts Act, Says Appeal Maintainable Only If Order Imposes Punishment
2 months ago

Delhi HC Rejects Income Tax Director's Appeal U/S 19 Contempt Of Courts Act, Says Appeal Maintainable Only If Order Imposes Punishment

Live Law  

The Delhi High Court has dismissed the appeal preferred by a Director of Income Tax under Section 19 of the Contempt of Courts Act, 1971. A division bench of Justices Chandra Dhari Singh and Manoj Jain observed that in the absence of the contempt court recording a finding of guilt or imposing a punishment, the appeal preferred under Section 19 …

Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court
2 months, 2 weeks ago

Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court

Live Law  

The Supreme Court has clarified that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has the power to order the eviction and transfer of possession.Without such a power, the objectives of the 2007 Act - which are to grant speedy, simple and inexpensive remedies to elderly citizens- would be defeated, the Court said.A bench …

Delhi HC: Wife can claim interim maintenance despite unenforced settlement
2 months, 3 weeks ago

Delhi HC: Wife can claim interim maintenance despite unenforced settlement

Hindustan Times  

The Delhi high court has held that a wife can claim interim maintenance under Section 24 of the Hindu Marriage Act even if she does not act upon a settlement with her husband that sought to finalise the maintenance terms. The family court had ruled that the wife was bound by the settlement terms finalised on December 1, 2012, despite …

[Delhi Rent Control Act] Leave To Defend Cannot Be Granted On Mere Asking Of Tenant: Delhi High Court Reiterates
3 months ago

[Delhi Rent Control Act] Leave To Defend Cannot Be Granted On Mere Asking Of Tenant: Delhi High Court Reiterates

Live Law  

While quashing a Trial Court's order granting leave to defend to a tenant in an eviction petition, the Delhi High Court has observed that when the landlord placed medical records of his various illnesses and the site plan of premises showed lack of alternate accommodation, the Trial Court should not have considered them as triable issues. In doing so, the …

[Delhi Rent Control Act] Leave To Defend Cannot Be Granted On Mere Asking Of Tenant: Delhi High Court Reiterates
3 months ago

[Delhi Rent Control Act] Leave To Defend Cannot Be Granted On Mere Asking Of Tenant: Delhi High Court Reiterates

Live Law  

While quashing a Trial Court's order granting leave to defend to a tenant in an eviction petition, the Delhi High Court has observed that when the landlord placed medical records of his various illnesses and the site plan of premises showed lack of alternate accommodation, the Trial Court should not have considered them as triable issues. In doing so, the …

Proceedings Pending U/S 125 CrPC Not Bar On Maintenance Tribunal's Jurisdiction To Provide Residence To Senior Citizens/ Parents: Kerala HC
3 months, 2 weeks ago

Proceedings Pending U/S 125 CrPC Not Bar On Maintenance Tribunal's Jurisdiction To Provide Residence To Senior Citizens/ Parents: Kerala HC

Live Law  

The Kerala High Court has held that the pendency of maintenance proceedings before the Family Court under Section 125 of the CrPC would not affect the jurisdiction of the Maintenance Tribunal from ordering residence to senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act of 2007. The Court clarified that Section 12 of the Act, which …

Removing items from elderly parents’ house is harassment: Delhi HC
5 months, 1 week ago

Removing items from elderly parents’ house is harassment: Delhi HC

Hindustan Times  

The Delhi high court has held that the deliberate removal of items by people from the home of their elderly parents not only constitutes economic harassment but also reflects a lack of respect for the rights and possession of the senior citizens. In their petition before the high court, the elderly woman’s children had contended that the order passed under …

DM Can Order Eviction Of Trespassers Upon Senior Citizen's Application Seeking Protection Of Life & Property: Uttarakhand High Court
7 months, 2 weeks ago

DM Can Order Eviction Of Trespassers Upon Senior Citizen's Application Seeking Protection Of Life & Property: Uttarakhand High Court

Live Law  

The Uttarakhand High Court on Wednesday observed that an application seeking eviction of the trespasser interfering in the peaceful possession of the senior citizen would be maintainable before the District Magistrates of Uttarakhand under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.Though the Act does not permit the senior citizen to file. The Uttarakhand High Court on …

Adult offspring entitled to interim maintenance till attaining financial stability, rules HC
7 months, 3 weeks ago

Adult offspring entitled to interim maintenance till attaining financial stability, rules HC

Hindustan Times  

New Delhi The HC upheld the ruling of a family court, allotting enhanced compensation to wife and child. While Section 26 of HMA enables the court to pass interim orders with respect to the custody, maintenance and education of minor children, consistently with their wishes, the court said that gainful employment in today’s competitive world may be feasible only after …

High court pulls up Delhi govt over vacant posts in child rights commission
10 months, 3 weeks ago

High court pulls up Delhi govt over vacant posts in child rights commission

Hindustan Times  

The Delhi high court on Tuesday pulled up the Delhi government for prolonged vacancies in the Delhi Commission for Protection of Child Rights. A bench led by acting chief justice Manmohan expressed dismay over the Delhi women and child development minister’s inaction in addressing the issue, noting that a proposal to invite applications for filling the vacant posts was pending …

Orders Passed By Tribunals Under Senior Citizens Act Also Amenable To Challenge Under Article 227: Delhi High Court
11 months, 3 weeks ago

Orders Passed By Tribunals Under Senior Citizens Act Also Amenable To Challenge Under Article 227: Delhi High Court

Live Law  

The Delhi High Court has observed that the orders passed by the tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are also separately amenable to challenge under Article 227 of the Constitution of India.A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora relied upon various judgments on the issue and …

Senior Citizens Act Can't Be Used For Settling Property Disputes: Delhi High Court
1 year, 1 month ago

Senior Citizens Act Can't Be Used For Settling Property Disputes: Delhi High Court

Live Law  

The Delhi High Court has ruled that the Senior Citizens Act was enacted for the protection of the senior citizens and cannot be used for settling property disputes.“The Senior Citizens Act, 2007 was enacted with the objective to provide a mechanism to secure maintenance and ensure welfare of senior citizens left bereft of support, financial or otherwise. The Delhi High …

Delhi High Court Issues Directions For Immediate Financial Assistance, Recovery Of Back Wages For Rescued Child Labourers
1 year, 2 months ago

Delhi High Court Issues Directions For Immediate Financial Assistance, Recovery Of Back Wages For Rescued Child Labourers

Live Law  

The Delhi High Court has issued a slew of directions for immediate financial assistance, recovery of back wages and legal proceedings to be followed by the authorities in the post rescue protocol of child labourers in the national capital. A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora directed that when a rescued child is …

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court
1 year, 3 months ago

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that a person cannot be summoned under Section 31 of the Protection of Women from Domestic Violence Act, 2005, for non-compliance of an order for payment of maintenance. Justice Swarana Kanta Sharma observed that the focus of the enactment is on providing immediate and effective relief to victims of domestic violence by way of …

High Court Directs Delhi Govt, MCD To Strictly Comply With Recent Supreme Court Ruling On Manual Scavenging
1 year, 4 months ago

High Court Directs Delhi Govt, MCD To Strictly Comply With Recent Supreme Court Ruling On Manual Scavenging

Live Law  

The Delhi High Court has directed the Delhi Government, Municipal Corporation of Delhi and other civic authorities in the national capital to strictly comply with a recent Supreme Court ruling which called for a complete eradication of the practice of manual scavenging.A division bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela asked the authorities to comply …

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases
1 year, 7 months ago

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases

Live Law  

The Delhi High Court has issued a slew of directions to the family courts in the national capital for speedy disposal of cases relating to marriage and family affairs within a time frame, in the absence of any specific Rules regarding the same. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna directed that when a …

Child Labour: Delhi Govt Rescued Over 200 Children Since January, High Court Told
1 year, 11 months ago

Child Labour: Delhi Govt Rescued Over 200 Children Since January, High Court Told

Live Law  

The Delhi High Court was informed on Monday that the Delhi government has rescued more than 200 children employed as child labourers in the national capital since January and that further raid operations are ongoing.A division bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta was hearing a plea moved by Bachpan Bachao Andolan highlighting the plight of …

Supreme Court stay on Haldwani evictions draws attention to need for laws
2 years, 1 month ago

Supreme Court stay on Haldwani evictions draws attention to need for laws

The Hindu  

Published : Jan 24, 2023 14:49 IST On January 5 last month, the Supreme Court stayed the forcible eviction of over 4,000 families, mostly Muslims, from Haldwani in Uttarakhand for purportedly occupying land belonging to the Railways. “Not only will this help settle the present confusion about the state of the law, but it would also deal with the recent …

Senior Citizens Act | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court
2 years, 1 month ago

Senior Citizens Act | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has held that Maintenance Tribunal possesses power under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to order eviction of children from the houses of their parents. While rejecting arguments advanced to the contrary, the Single Judge Bench of Justice Deepak Kumar Tiwari said, “…this Court does not find any error in the …

District Collector Can Take Disciplinary Action Against Subordinate Officer Over Failure To Maintain Child: Madras High Court
2 years, 2 months ago

District Collector Can Take Disciplinary Action Against Subordinate Officer Over Failure To Maintain Child: Madras High Court

Live Law  

While hearing a petition to transfer a matrimonial dispute from Pudukottai to Ponneri in Tamil Nadu, the Madras High Court noted that the father, who was working as a Village Administration Officer was not paying interim maintenance to his 10 year old daughter. While directing him to make such payment irrespective of visitation rights, Justice SM Subramaniam also directed the …

Delhi High Court Upholds Validity Of Provision Allowing Deduction In Pay For Payment Of Maintenance To Air Force Personnel's Wife, Children
2 years, 2 months ago

Delhi High Court Upholds Validity Of Provision Allowing Deduction In Pay For Payment Of Maintenance To Air Force Personnel's Wife, Children

Live Law  

The Delhi High Court has upheld the constitutional validity of Section 92 of the Air Force Act, 1950 which allows deduction from the pay and allowance of Air Force personnel for maintenance of the wife and their children.A division bench of Justice Sanjeev Sachdeva and Justice Rajnish Bhatnagar also upheld an office order issued by Air Force on February 6, …

City Bursting At The Seams, Unauthorised Constructions Can't Be Allowed To Stand In Perpetuity: Delhi High Court
2 years, 4 months ago

City Bursting At The Seams, Unauthorised Constructions Can't Be Allowed To Stand In Perpetuity: Delhi High Court

Live Law  

The Delhi High Court has said that unauthorized constructions are a bane to "orderly development" of the city, which is bursting at its seams, and they cannot be allowed to continue to stand in perpetuity. Justice C Hari Shankar made the observation while dismissing a Delhi resident Sher Mohammad's plea challenging an order passed by Principal District & Sessions Judge …

Forums Under Senior Citizens Act Not Required To Give Categorical Findings On Civil Rights: Delhi High Court
2 years, 4 months ago

Forums Under Senior Citizens Act Not Required To Give Categorical Findings On Civil Rights: Delhi High Court

Live Law  

The Delhi High Court has said that forums created under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 are "neither obliged nor placed under a duty" to render categorical findings with respect to the civil rights which are claimed by parties. "The primordial consideration of those proceedings is to safeguard the interest of the senior citizens and …

[Senior Citizens Act] What Are The Factors Appellate Authority Needs To Consider While Dealing With Application Seeking Stay On Eviction Order? Delhi High Court Answers
2 years, 5 months ago

[Senior Citizens Act] What Are The Factors Appellate Authority Needs To Consider While Dealing With Application Seeking Stay On Eviction Order? Delhi High Court Answers

Live Law  

The Delhi High Court has set out the various factors that are necessary to be taken into consideration by the appellate authority under the Senior Citizens Act, 2007 while dealing with an application seeking stay in a pending appeal against an eviction order.Justice Yashwant Varma observed that in such cases, the appellate authority would have to consider the nature of …

[Senior Citizens Act] Lawyers Can Represent Parties Before Maintenance Tribunal, Section 17 No Bar: Delhi High Court
2 years, 5 months ago

[Senior Citizens Act] Lawyers Can Represent Parties Before Maintenance Tribunal, Section 17 No Bar: Delhi High Court

Live Law  

The Delhi High Court has said that Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 will not bar parties from having legal practitioners represent them before the Maintenance Tribunal.Section 17 of the 2007 Act specifically states no party to a proceeding before a tribunal or appellate tribunal shall be represented by a legal practitioner,. …

Delhi High Court Weekly Round Up: September 26 To October 2, 2022
2 years, 5 months ago

Delhi High Court Weekly Round Up: September 26 To October 2, 2022

Live Law  

NOMINAL INDEX Citations 2022 LiveLaw 906 TO 2022 LiveLaw 926 1. CCI Director General's Report Not Determinative Or Conclusive, Commission Can Consider All Aspects Before Final Decision: Delhi High Court Title: BUILDERS ASSOCIATION OF INDIA v. COMPETITION COMMISSION OF INDIA Citation: 2022 LiveLaw 908 The Delhi High Court has said a probe report prepared by the Director General of Competition …

Delhi High Court Weekly Round Up: September 19 To September 25, 2022
2 years, 5 months ago

Delhi High Court Weekly Round Up: September 19 To September 25, 2022

Live Law  

NOMINAL INDEXCitations 2022 LiveLaw 884 TO 2022 LiveLaw 905LOTUS PAY SOLUTIONS PVT LTD. & ANR. Burden Of Proof Lies On Accused When Last Seen Together With Deceased: Delhi High Court Title: GURDEEP SINGH v. STATE and other connected matter Citation: 2022 LiveLaw 889 The Delhi High Court has said that in a case where the accused is last seen together …

Relevancy Of Question Asked During Cross-Examination Relates To Pleadings & Rival Stands, Not Merits Of Such Stands: Delhi High Court
2 years, 6 months ago

Relevancy Of Question Asked During Cross-Examination Relates To Pleadings & Rival Stands, Not Merits Of Such Stands: Delhi High Court

Live Law  

The Delhi High Court has observed that merits of the rival stands cannot be a material consideration while examining whether a particular question that the party desires to pose to a witness is relevant or irrelevant. The Court thus agreed with the observations made in the case titled R.K.Chandolia v. CBI and observed thus: "Questions which relate to facts in …

Child Beggary: High Court Seeks Detailed Status Report From Centre, Delhi Govt On Steps Taken For Rehabilitation Of Affected Children
2 years, 7 months ago

Child Beggary: High Court Seeks Detailed Status Report From Centre, Delhi Govt On Steps Taken For Rehabilitation Of Affected Children

Live Law  

The Delhi High Court on Tuesday sought a detailed status report from the Centre, Delhi Government as well as the Delhi Commission for Protection of Child Rights on the steps taken for the purpose of rehabilitation of children who are affected by child beggary in the city.A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad …

High Court Directs Delhi Govt To Ensure Strict Compliance Of Senior Citizens Act, Closes Suo Moto Proceedings
2 years, 7 months ago

High Court Directs Delhi Govt To Ensure Strict Compliance Of Senior Citizens Act, Closes Suo Moto Proceedings

Live Law  

The Delhi High Court on Thursday directed the Delhi Government to ensure strict compliance of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also directed the Delhi State Legal Services Authority to ensure that legal aid is extended to persons covered under the Act. …

Can’t evict people overnight without notice: Delhi HC
2 years, 7 months ago

Can’t evict people overnight without notice: Delhi HC

Hindustan Times  

Encroachers on a public land cannot be evicted “with a bulldozer at their doorstep early in the morning or late in the evening” without any notice, thus rendering them completely unsheltered, the Delhi high court ruled on Wednesday, but added that a person encroaching upon government land cannot claim that he is entitled to rehabilitation as a matter of right. …

Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court
2 years, 10 months ago

Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court

Live Law  

The Delhi High Court has observed that the daughter-in-law can claim maintenance from her father-in-law provided she has inherited some estate of her husband. 19 of the Family Court Act, 1984 against the order dated 3rd May, 2019 deferring their claim for interim maintenance in a petition under sec. The Family Court in the impugned order, observed that the appellant …

Order Of Restraint Against Husband Under Domestic Violence Act Does Not Preclude Family Court From Making Arrangement For Child Visitation: Delhi HC
2 years, 11 months ago

Order Of Restraint Against Husband Under Domestic Violence Act Does Not Preclude Family Court From Making Arrangement For Child Visitation: Delhi HC

Live Law  

The Delhi High Court has observed that the ambit and extent of Protection of Women from Domestic Violence Act, 2005 and Family Courts Act, 1984, being two competing statutes, must be harmoniously construed so as to avoid a situation of repugnancy and conflict.Justice Yashwant Varma relied on a 2017 judgment of the Supreme Court in Amit Kumar and another v. …

Wife's Right To Maintenance Forfeited U/S 125(4) CrPC Only When Acts Of Adultery Are Committed Repeatedly: Delhi High Court
2 years, 11 months ago

Wife's Right To Maintenance Forfeited U/S 125(4) CrPC Only When Acts Of Adultery Are Committed Repeatedly: Delhi High Court

Live Law  

The Delhi High Court has reiterated that only continuous and repeated acts of adultery or cohabitation in adultery would attract the rigours of the provision under Section 125 of the Code of Criminal Procedure. The Court noted that the law emanating from various precedents of the Supreme Court and various High Courts establishes the position of payment of maintenance holding …

Maintenance Tribunal's Power Under Senior Citizens Act Not Limited To Ordering Monthly Allowance : Kerala High Court
2 years, 11 months ago

Maintenance Tribunal's Power Under Senior Citizens Act Not Limited To Ordering Monthly Allowance : Kerala High Court

Live Law  

The Kerala High Court has ruled that the power of the Maintenance Tribunal under the Senior Citizens Act is not circumscribed to mere ordering of monthly allowance for the maintenance of senior citizens where their children/relatives refuse to maintain them but to ensure maintenance from their own earnings to lead a dignified life.Justice Murali Purushothaman held that the Maintenance. The …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
3 years, 1 month ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

Delhi High Court Weekly Round Up: January 31 To February 6, 2022
3 years, 1 month ago

Delhi High Court Weekly Round Up: January 31 To February 6, 2022

Live Law  

ORDERS/ JUDGMENTS OF THE WEEK1. Arbitral Award Is To Be Executed At A Place Where Judgment Debtor Resides, Carries Business Or Has Assets: Delhi High Court Case Title: Continental Engineering Corporation v. Sugesan Transport Pvt Ltd. Citation: 2022 LiveLaw 59 The Delhi High Court recently dismissed an execution petition filed under Section 36 of the Arbitration & Conciliation Act by …

60 Important Judgments Of Delhi High Court In 2021
3 years, 2 months ago

60 Important Judgments Of Delhi High Court In 2021

Live Law  

The Delhi High Court gave several significant verdicts in 2021. "Right Of Access To Justice Gravely Hampered Due To Pandemic; Take Expeditious Steps For Hybrid Courts Infrastructure": High Court To Delhi Govt Observing that citizens' right of access to justice has been gravely hampered due to the ongoing Covid-19 pandemic, the Delhi High Court directed the Delhi Government to take …

High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]
3 years, 2 months ago

High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]

Live Law  

Allahabad High CourtAllahabad High Court Directs UP Govt To Regularly Update State Enactments, Amendments On Official Websites The High Court called upon the Uttar Pradesh Government to regularly update the text of the state laws, along with the amendments, if made, on its official websites. Other Developments: Specify Details Of Website, Platform Where Info On Criminal History Of Citizens Is …

Maintenance Order U/S 125 CrPC May Be Enforced In Any Place Where Person Against Whom It Is Made May Be; Residence Not Material: Delhi HC
3 years, 3 months ago

Maintenance Order U/S 125 CrPC May Be Enforced In Any Place Where Person Against Whom It Is Made May Be; Residence Not Material: Delhi HC

Live Law  

The Delhi High Court has observed that the presence of a person at preferred jurisdiction at the time of application for maintenance against him under Section 125 of the Code of Criminal Procedure would be a material fact for execution of the said order of maintenance. material fact, hence, would be the presence of the person at the preferred jurisdiction …

Delhi HC Concerned Over Execution Of Eviction Orders Under Senior Citizens Rules Before Expiry Of Limitation To File Appeal, Calls For Directions
3 years, 3 months ago

Delhi HC Concerned Over Execution Of Eviction Orders Under Senior Citizens Rules Before Expiry Of Limitation To File Appeal, Calls For Directions

Live Law  

The Delhi High Court has asked the Principal Secretary of the Delhi Government to issue appropriate directions in matters where eviction orders passed under Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 are sought to be executed even before expiry of the limitation period to file statutory appeal. Justice Rekha Palli, who was of the view that the …

'Senior Citizens Do Not Have Luxury Of Time' : Bombay High Court Upholds Maintenance Tribunal's Power To Pass Eviction Orders
3 years, 3 months ago

'Senior Citizens Do Not Have Luxury Of Time' : Bombay High Court Upholds Maintenance Tribunal's Power To Pass Eviction Orders

Live Law  

The Bombay High Court has observed that the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can pass an order for removal of a person from the senior citizen's property.A division bench comprising Justice Gautam Patel and Madhav J Jamdar endorsed the view expressed by a division bench of the Delhi High Court in …

"Will Lead To Anarchy If Permitted": Delhi HC Sentences Man For Three Months For Wilful Disobedience Of Repeated Court Directions In Matrimonial Dispute
3 years, 3 months ago

"Will Lead To Anarchy If Permitted": Delhi HC Sentences Man For Three Months For Wilful Disobedience Of Repeated Court Directions In Matrimonial Dispute

Live Law  

The Delhi High Court on Thursday sentenced a man to simple imprisonment for a period of three months including imposition of a fine of Rs. 2000 for wilful disobedience of repeated Court directions in a matrimonial dispute requiring him to pay maintenance to his wife. Observing that the actions or omissions of the husband in choosing to show complete disregard …

Juvenile Justice Act- Delhi High Court Issues TimeLine For Completing 'Age Determination' Of 'Juveniles In Conflict With Law'
3 years, 4 months ago

Juvenile Justice Act- Delhi High Court Issues TimeLine For Completing 'Age Determination' Of 'Juveniles In Conflict With Law'

Live Law  

The Delhi High Court has issued directions for streamlining the process of inquiries relating to juveniles in conflict with law and scrupulous compliance by all authorities. A bench comprising Justice Siddharth Mridul and Justice Anup J Bhambhani issued the following directions: In all cases pertaining to juveniles in conflict with law, regardless of the nature of offences alleged, upon directions …

Obligation To Maintain Child Is Paramount Wish Of Father; Cannot Be Permitted To Limit It On Flimsy, Baseless Grounds: Delhi Court
3 years, 4 months ago

Obligation To Maintain Child Is Paramount Wish Of Father; Cannot Be Permitted To Limit It On Flimsy, Baseless Grounds: Delhi Court

Live Law  

A Delhi Court has recently observed that the statutory obligation to maintain a child is the paramount wish of a father and he cannot be permitted to limit the same on flimsy or baseless Grounds. Special Judge Deepak Wason also observed that while it is the statutory duty of the husband to maintain his wife and minor child, he cannot …

Delhi HC Issues Notice On Plea Seeking Declaration That National Commission For Scheduled Castes Has No Power To Interfere In Sub Judice Matters
3 years, 5 months ago

Delhi HC Issues Notice On Plea Seeking Declaration That National Commission For Scheduled Castes Has No Power To Interfere In Sub Judice Matters

Live Law  

The Delhi High Court has issued notice on a plea seeking a declaration that the National Commission for Scheduled Castes has no power to interfere in sub judice matters in terms of Rule 7.4.1 of the Rules of Procedure of the Commission.Justice Rekha Palli issued notice on the plea and granted four weeks' time to the Commission for filing a …

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court
3 years, 5 months ago

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court

Live Law  

The Delhi High Court has observed that in households where women are working and are able to sufficiently maintain themselves, it does not automatically absolve the husband of his responsibility to provide sustenance for his children.The observation was made in connection to revision of maintenance order passed by the High Court under Section 125 of CrPC.Justice Subramonium Prasad observed that. …

Son Cannot Insist On Staying In Father's House Saying He Has Contributed To Renovation : P&H High Court Upholds Eviction Order Under Senior Citizens Act
3 years, 5 months ago

Son Cannot Insist On Staying In Father's House Saying He Has Contributed To Renovation : P&H High Court Upholds Eviction Order Under Senior Citizens Act

Live Law  

The Punjab and Haryana High Court recently upheld an eviction order passed against a son and his wife at the instance of the father under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.In this case, the father had not transferred the house in question to the son by way of gift or any other deed. The Punjab …

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