5 months ago
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The Assistant Commissioners, arsenic a measurement to guarantee a elder national unafraid dwelling, tin edifice to eviction of persons from the unauthorised possession of the residence belonging to the elder national nether the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, said the High Court of Karnataka.
Pointing retired that the explanation of “maintenance” nether Section 2(b) of the Act specifically includes wrong it proviso for residence, the tribunal said that it cannot beryllium said that the ACs acted beyond their jurisdiction if it was for providing residence nether the proviso of the Act.
Justice M. Nagaprasanna passed the bid portion dismissing a petition filed by a 45-year-old pistillate who had questioned the Ballari Assistant Commissioner’s June 2025 bid for evicting her from the residence belonging to her 73-year-old mother-in-law.
The parent in-law had filed a petition earlier the AC complaining that the daughter-in-law had compelled her to unrecorded successful a tiny out-house with her aged hubby and was not allowing introduction to the location which the mother-in-law had purchased from her ain earnings. The AC, who acts arsenic an authorised tribunal nether the Act, aft securing study connected the presumption of the mother-in-law and details of the residential build, ordered eviction of girl in-law.
Citing apex court’s mentation of the provisions of the Act, arsenic this instrumentality has nary circumstantial proviso empowering the AC to walk bid of eviction successful favour of elder citizens, the High Court said adjacent High Court of Madhya Pradesh had recognised that ensuring a elder national unafraid dwelling whitethorn successful indispensable circumstances necessitate the removal to obstruct specified security, which includes eviction of persons successful authorised possession of the spot of elder citizen.
Stating that nary perversity oregon infirmity successful the bid passed by the AC, the tribunal said acts of the petitioner magnitude to depriving the elder national of dignified entree to her ain home, arsenic the location is successful the possession of the daughter-in-law.
