Bombay High Court: A Single Judge Bench comprising of R.D. Dhanuka, J., addressed a petition filed under Article 227 of the Constitution of India in regard to an order passed by the Tribunal for Welfare of Parents and Senior Citizens under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The facts of the case stated that Respondent 1 had prayed for maintenance and eviction of her son, the petitioner and his family on various grounds for which the tribunal had passed an order in favour of Respondent 1. The said order of the tribunal was challenged by the petitioner son.
The contentions of the petitioner were that the order of the tribunal was impugned as the complaint was against the petitioner and not his son, wife, and daughter but the tribunal’s order was against all. He also submitted that the entire order is without jurisdiction as the tribunal has no jurisdiction under Section 4 of the said Act.
While giving severity to the facts such as harassment, cruelty and torture being caused to Respondent 1 by the petitioner and his family, the Court firstly considered the issue of jurisdiction, for which it placed reliance on Sunny Paul v. State (NCT of Delhi),2017 SCC OnLine Del 7451 stating that the tribunal has ample of powers to pass an order of eviction under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Therefore, by highlighting the essence of Section 4 of the above-mentioned Act and on weighing the gravity of the issue in the present case, High Court dismissed the petition on finding no merits and upheld the Tribunal’s order. [Dattatrey Shivaji Mane v. Lilabai Shivaji Mane,2018 SCC OnLine Bom 2246, dated 26-06-2018]
