Aastha Thakur
Published on: 07 October, 2022 at 10:37 IST
The Delhi High Court held that under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 forums or authorities have no authority to adjudge and hear the trial proceedings matter concerning civil and property rights of the conflicting parties.
The bench led by Justice Yashwant Varma, said that the issue regarding claim of ownership can’t become a subject-matter of consideration or adjudication in court proceedings under the Act.
The Court passed the order on September 26.
“The forums constituted under the 2007 Act are neither obliged nor required to undertake a trial with respect to the civil and property rights that may be claimed by the warring factions. Those issues must be ultimately left to be conclusively adjudicated by the competent civil courts.”
The court further observed that in the proceedings initiated under the Act, the authorities, after finding that the senior citizens have validly claimed an interest in the property, can proceed ahead and evaluate the actions that would be required to protect and preserve their interests.
The bench opined that, “Ultimately the authorities administering the said enactment have to bear in mind and accord primacy to the issues of ill treatment of the senior citizens and their right to a secured existence,”
The court was listening the petition filed by two individuals challenging the orders passed by the District Magistrate and Divisional Commissioner regarding the proceedings initiated by Senior Citizens under the Act.
After determining that the allegations of ill treatment and harassment of senior citizens were proven, the District Magistrate directed that the petitioners be ordered to vacate the property in question. In appeal, the Divisional Commissioner also upheld the decision of the District Magistrate.
The senior citizens stated that differences arose between him and his partner in the year of 2018, the relationship broke down between them.
The senior citizens allowed the petitioners back into the premises when they gave the assurance that the incidences of ill-treatment would not happen again. Still, they observed no change in their demeanor, hence senior citizens initiate proceedings under the Act.
Further the Court, “In view of the aforesaid and bearing in mind the fact that the petitioners have failed to establish that they were in fact maintaining and looking after the senior citizens or assailing the findings with respect to harassment and ill treatment, the Court finds no justification to interfere with the view as taken by the Divisional Commissioner,”