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“The Appellate Tribunal had adopted an unduly hyper-technical approach, thereby defeating the very object and purpose of the special statute, which was in the nature of beneficial legislation enacted to safeguard the rights and interests of senior citizens”.
Mere fact that the mother may be physically unwell, does not compel her to accept the presence of those who, in her perception, have contributed to her distress. The Court cannot impose on the senior citizen a forced living arrangement against her will, especially when it has been found to be a source of her suffering.
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.
While interpreting the provisions of Senior Citizens Act, 2007, the Courts must bear the objectives and purposes for which the statute was enacted.
“Rights in law can translate to rights in life, only if there is an equitable ease in obtaining their realization.”
As reported by media, Union Cabinet has cleared the bill to amend the Maintenance and Welfare of Parents and Senior Citizens Act,