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Supreme Court on Senior Citizens Act, Domestic Violence Act and their Interpretation

Supreme Court on Senior Citizens Act, Domestic Violence Act and their Interpretation

FromLegal Talks by Desikanoon


Supreme Court on Senior Citizens Act, Domestic Violence Act and their Interpretation

FromLegal Talks by Desikanoon

ratings:
Length:
15 minutes
Released:
Jan 2, 2021
Format:
Podcast episode

Description

 Introduction First of all, farewell to the yester year and with the beginning of this new year, let us remember the people who lost their lives protecting us and fighting for us. Let us also hope that this year brings hope and prosperity to the oppressed and the marginalized sections of society and that their dignity and honour remains intact. A happy new year to all of you. In the present post, we shall discuss a latest judicial pronouncement by the Hon’ble Supreme Court of India, S. Vanitha v. Deputy Commissioner, Bengaluru Urban District and Others, 2020 SCC OnLine SC 1023, wherein the scheme of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short, “Senior Citizens Act”) and how the same has to be construed qua other enactments, was discussed by the Court. Facts In the present case, an Application was filed by the parents of a person who sought to evict his estranged wife and children from a residential house belonging to the parents (mother). Such Application was allowed by the Courts below and thereafter the matter traversed to the Hon’ble Supreme Court of India. Chief Contentions of the Appellant/Estranged Wife 1. The Appellant/Estranged Wife is residing in her matrimonial home, which is a shared household, as a lawfully wedded spouse of the son of the parents who moved the Application under the Senior Citizens Act, 2007, and she cannot be evicted in view of the protection offered by Section 17 (Right to reside in a shared household) of the Protection of Women from Domestic Violence Act, 2005 (in short, “Domestic Violence Act”). 2. The Appellant/Estranged Wife has no other place to live except the suit premises and relied upon Section 17 of the Domestic Violence Act urging that the Senior Citizens Act cannot be invoked to evict her. Chief Contentions of the Parents/Respondent 1. Parents/Respondents are Senior Citizens, and the suit premises was constructed by their ancestors. 2. There are concurrent findings by all the Courts below who have directed for eviction of the Appellant and restoration of their possession. Observations by the Court Brief Scheme of the Senior Citizens Act, 2007ProvisionCruxSection 2 (b)“Maintenance” includes provisions for food, clothing, residence and medical attendance and treatment.Section 2 (f)“Property” means property of any kind, whether movable or immovable, ancestral or self-acquired, tangible or intangible and includes rights or interests in such property.Section 3It provides that this Act shall have an overriding effect on the other enactments/Acts.Section 4It recognises an entitlement of maintenance to inhere in parents and senior citizens.Section 5It lays down the procedure by which an application for maintenance can be made.Section 6It elucidates provisions governing jurisdiction and procedure.Section 7It contains stipulations for the constitution of a Maintenance Tribunal.Section 8It envisages a summary procedure for making an inquiry.Section 9Monthly allowance can be fixed by the Tribunal for the maintenance of the senior citizen.Section 10The above-stated monthly allowance can be altered upon a change in circumstance.Section 11It provides for the enforcement of an order of maintenance.Section 23If a senior citizen gifts any property to any person subject to the condition that such person shall take care of the basic needs of the senior citizen and when such person does not provide for and take care of the basic needs of the senior citizen, then the said transfer of property shall be deemed to have been made by fraud or coercion or undue influence and can be declared void by the Tribunal.It further provides that where a Senior Citizen has a right to receive maintenance out of a property if the transferee has notice of the right and the transfer of such property is without consideration. ‘Means and Includes’ Approach and the Interpretative Process This is relevant for enactments wherein a definition has been provided that involves usage of means and includ
Released:
Jan 2, 2021
Format:
Podcast episode

Titles in the series (100)

This show talks about the general legal news and affairs taking place in India as well as the world, analysis of interesting case-laws and upcoming fields of law. The aim is to make legal aspects as simple as possible so that everybody could understand.