Former Allahabad HC Judge And Wife Move HC Against Eviction From House By Son, HC Directs To Approach District Magistrate
4 years, 5 months ago

Former Allahabad HC Judge And Wife Move HC Against Eviction From House By Son, HC Directs To Approach District Magistrate

Live Law  

The Allahabad High Court on Thursday directed the District Magistrate, Prayagraj, to resolve a property title/ possession dispute between a former Judge of the Allahabad High Court and his son, within two months. They sought the Court's assistance while submitting that even though the Legislature has enacted the aforesaid laws for protection of senior citizens, no mechanism has been provided for implementation of the orders passed thereunder. As the Court was informed that no authority had yet been established to implement the Act, it ordered thus: "the District Magistrate shall proceed with the matter and decide the aforesaid application/ petition of the petitioners in accordance with law by a speaking and reasoned order after hearing the petitioners and the respondent no. In case the petitioners feel aggrieved with the order of the District Magistrate, they are granted liberty to place a copy of the said order before this court for perusal of this court and for passing further orders."

Court Order Senior Citizens District Act Magistrate District Magistrate  directs  son  court  order  judge  eviction  approach  citizens  magistrate  hc  senior  house  wife  act  protection  parents  petitioners  district

History of this topic

Allahabad High Court Seeks Report Over Alleged House Arrest Of An Advocate Under 'Oral Directions' Of District Judge
1 month, 1 week ago

Allahabad High Court Seeks Report Over Alleged House Arrest Of An Advocate Under 'Oral Directions' Of District Judge

Live Law  

The Allahabad High Court on Tuesday raised concerns over the alleged detention of a 70-year-old advocate from Agra, who was purportedly placed under house arrest by police personnel in November 2024 on the 'oral' directions of the District and Sessions Judge. The petitioner claimed he was detained in his house for 2 hours after serving Section 168 BNSS notice so …

While Eviction Under Senior Citizens Act Is Subject To Outcome Of Pending Suit, Protection Offered To Elders Shouldn't Be Defeated: Allahabad HC
3 months, 1 week ago

While Eviction Under Senior Citizens Act Is Subject To Outcome Of Pending Suit, Protection Offered To Elders Shouldn't Be Defeated: Allahabad HC

Live Law  

The Allahabad High Court has held that an order of eviction sought under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 would be subject to the outcome of a suit pertaining to larger issues between the family members, if such suit is filed prior to the application made for eviction under the Act of 2007. a daughter-in-law …

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father
3 months, 2 weeks ago

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father

Live Law  

Highlighting that a custody order, unless challenged or modified by a higher court, must be respected, the Jharkhand High Court upheld a family court's order granting custody of a minor boy to his father. The above ruling came in a writ petition filed by the father seeking recovery of his son claiming that his wife took away their child despite …

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

Allahabad HC grants divorce to husband on grounds of cruelty by wife
6 months, 3 weeks ago

Allahabad HC grants divorce to husband on grounds of cruelty by wife

Hindustan Times  

The Lucknow bench of the Allahabad high court in a family matter has ruled that if a wife declines to cohabit with her husband and forces him to live in a separate room, her actions will amount to cruelty. The court said by doing so, the wife deprives her husband of his conjugal rights. After hearing the matter, the bench …

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 …

Allahabad HC Comes To Aid Of Elderly Couple 'Locked' In Room By Son & Daughter-In-Law With Limited Access To Sanitation, Food
8 months, 3 weeks ago

Allahabad HC Comes To Aid Of Elderly Couple 'Locked' In Room By Son & Daughter-In-Law With Limited Access To Sanitation, Food

Live Law  

The Allahabad High Court today came to the rescue of an elderly couple who were allegedly confined to a room by their son and daughter-in-law. A bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh constituted a committee consisting of the District Magistrate, Prayagraj, the commissioner of Police, and the Chief Medical Officer and directed it to visit the …

Allahabad HC Sends Minor Willing To Live With 'Husband' To Father's Custody For 18 Days Until She Attains Majority
9 months, 3 weeks ago

Allahabad HC Sends Minor Willing To Live With 'Husband' To Father's Custody For 18 Days Until She Attains Majority

Live Law  

Last week, the Allahabad High Court deferred its decision to allow a minor girl to reside with her 'husband' once she reached the age of majority. Hearing the matter on May 10, the Court directed the concerned SHO to produce the minor girl personally, having regard to her decency and security so that On May 23, the girl's family informed …

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court
1 year ago

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court

Live Law  

The Allahabad High Court has held that the power conferred under Section 451 of CrPC should be exercised by the criminal courts with a judicious mind and without any unnecessary delay. Similarly, taking into account the mandate of Sectio 457 CrPC, the Court added the procedure as contemplated under this provision be also followed promptly, so that the concerned Magistrate …

HC restores house to sexagenarian parents
1 year, 3 months ago

HC restores house to sexagenarian parents

Deccan Chronicle  

Hyderabad: Justice C.V. Bhaskar Reddy of the Telangana High Court restored possession of a house to a sexagenarian couple from their son. Child custody case closed A two-judge bench of the Telangana High Court on Tuesday closed a civil appeal dealing with the custody of a minor child. HC directs presence of Karimnagar officials Justice T. Vinod Kumar of the …

[Senior Citizens Act] Bombay High Court Upholds Eviction Of Siblings From Dead Father's Property For Ill-Treating Stepmother
2 years, 1 month ago

[Senior Citizens Act] Bombay High Court Upholds Eviction Of Siblings From Dead Father's Property For Ill-Treating Stepmother

Live Law  

The Bombay High Court recently upheld the eviction of two individuals who allegedly mistreated their stepmother from their deceased father's house observing that the elderly stepmother needs comfort and peace in the evening of her life.Justice RG Avachat upheld the order of the tribunal constituted under section 7 of the Maintenance And Welfare of Parents And Senior Citizens Act, 2007. …

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

Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging 'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil In Nature
2 years, 4 months ago

Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging 'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil In Nature

Live Law  

The Kerala High Court on Tuesday held that a threat of illegal eviction/ trespass can be remedied by approaching a civil court. It added that High Court's writ jurisdiction cannot be invoked in such cases seeking police protection, when even the basic facts are disputed and the rights claimed cannot be established in summary proceeding under Article 226 of the …

Allahabad HC Judge Recuses From Hearing Plea Of Prayagraj Violence Accused Javed's Wife Against Razing Of Her House
2 years, 9 months ago

Allahabad HC Judge Recuses From Hearing Plea Of Prayagraj Violence Accused Javed's Wife Against Razing Of Her House

Live Law  

For the uninitiated, the Prayagraj Local authorities had demolished the home of Javed Mohammad, a leader of the Welfare Party of India and the father of activist Afreen Fatima on June 12. In her plea, Fatima has stated that the allegation of the Prayagraj Development Authority that the map of the house had not been sanctioned and as such the …

Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC
3 years, 4 months ago

Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC

Live Law  

The Allahabad High Court recently made it clear that the wife cannot be ousted from her matrimonial home on the basis of the summary proceedings under the Senior Citizens Act, 2007.With this, the Bench of Justice Vivek Chaudhary came to the aid of a widow by setting aside an eviction order passed against her and her son from her in-laws' …

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, 6 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 …

Orders that set the bar: How Allahabad HC stood for civil rights
4 years, 1 month ago

Orders that set the bar: How Allahabad HC stood for civil rights

Hindustan Times  

On Monday, January 25, the Supreme Court reminded the Uttar Pradesh government that a high court is also a constitutional court and cannot be taken lightly. Here are some instances in corroboration of how the high court took a stand: Anti-CAA protesters’ posters/banners The HC had in March 2020 taken strong exception to banners being put up by the state …

Allahabad HC stays Kanpur admin’s notice seeking damages from locals for destruction of property during anti-CAA protest
5 years, 1 month ago

Allahabad HC stays Kanpur admin’s notice seeking damages from locals for destruction of property during anti-CAA protest

Firstpost  

Allahabad: The Allahabad High Court has stayed a notice issued by the Kanpur administration seeking damages from a local resident over the destruction of property during protests against the Citizenship Amendment Act. The bench said the notice violated the guidelines laid down by the apex court in 2009 when it heard the matter related to “Destruction of Public and Private …

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 …

No Child Can Stay Forcefully With Parents In Their House, Particularly Senior Citizens: Bombay HC Orders Son’s Eviction From Mother’s House [Read Judgment]
6 years, 8 months ago

No Child Can Stay Forcefully With Parents In Their House, Particularly Senior Citizens: Bombay HC Orders Son’s Eviction From Mother’s House [Read Judgment]

Live Law  

The Bombay High Court recently dismissed a petition filed by one Dattaray Mane and ordered and him and his family to vacate his 73-year-old mother’s property in Girgaon. He also submitted that the tribunal has no jurisdiction to evict the petitioner or his family members under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. …

Allahabad HC Challenges Its Own Judgment On HC's Superintendence Over Family Courts; SC Issues Notice [Read Order]
6 years, 10 months ago

Allahabad HC Challenges Its Own Judgment On HC's Superintendence Over Family Courts; SC Issues Notice [Read Order]

Live Law  

The Supreme Court on Friday issued notice on an appeal filed by the Allahabad High Court against its own judgment placing family courts under the superintendence of the High Court.The notice was issued by a Bench comprising Justice Ranjan Gogoi and Justice R. Banumathi on a petition challenging a judgment passed in July last year.The petition before the High Court …

Maintenance Tribunal Empowered To Order Eviction Of Legal Heir If Parents Are Ill-Treated: Delhi HC [Read Judgment]
7 years ago

Maintenance Tribunal Empowered To Order Eviction Of Legal Heir If Parents Are Ill-Treated: Delhi HC [Read Judgment]

Live Law  

Providing solace to lonely senior citizen couples fighting legal battle with their ill-treating sons and daughters-in-law who refuse to vacate parents’ house despite court orders, a division bench of the Delhi High Court has held that maintenance tribunal has the jurisdiction to pass an order of eviction under the Maintenance and Welfare of Parents and Senior Citizens Act,. Providing solace …

Maintenance Tribunal Can Order Eviction Of Adult Children In Cases Of Parental Abuse: Delhi HC [Read Judgment]
8 years ago

Maintenance Tribunal Can Order Eviction Of Adult Children In Cases Of Parental Abuse: Delhi HC [Read Judgment]

Live Law  

Directions to remove the children from the property are necessary in certain cases like the present to ensure a normal life of the senior citizen, the court said.The Delhi High Court in Sunny Paul vs. State, has held that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, amongst other remedies, provides for eviction of adult children in …

Eviction order passed under S. 5A of Public Premises (Eviction of Unauthorized Occupants) Act not appealable: Allahabad HC (FB) [Read Judgment]
9 years, 2 months ago

Eviction order passed under S. 5A of Public Premises (Eviction of Unauthorized Occupants) Act not appealable: Allahabad HC (FB) [Read Judgment]

Live Law  

Full Bench of Allahabad High Court in Yogesh Agarwal vs. Union of India has held that eviction order passed under Section 5A of the Public Premises Act, 1971 is not appealable. Bench comprising of the Chief Justice Hon'ble Dr Dhananjaya Yeshwant Chandrachud, Justices Manoj Kumar Gupta and Yashwant Varma held that High Court in the exercise of its. Bench comprising …

Discover Related