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As per case facts, the petitioner's father (Respondent No. 1), a senior citizen, filed proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, alleging harassment, physical
...abuse, and interference with his self-acquired property (petrol pump and service center) by his son (petitioner). The father claimed the son, despite being in permissive possession of the service center, was causing mental and physical trouble. The Sub Divisional Officer issued an injunction restraining the son from entering the properties and troubling the father, which was upheld by the Collector. The petitioner challenged these orders via a Writ Petition, arguing the authorities lacked jurisdiction to issue injunctions. The question arose whether authorities under the Act possess the power to issue injunctions to protect the property of senior citizens. Finally, the Court, interpreting the Act as beneficial legislation, affirmed the authorities' jurisdiction, citing various Apex Court judgments that support a liberal and purposive construction to protect senior citizens' rights and property. The Court also noted the petitioner's suppression of material facts regarding a civil suit for partition. The Writ Petition was dismissed.
Bench
Applied Acts & Sections
Section 4
–The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Section 5
–The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Section 22
–The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Section 23
–The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Section 27
–The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
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