Court upholds senior citizen’s rights despite pending civil suits

Saurabh Malik

Chandigarh, March 11

The Punjab and Haryana High Court has made it clear that an application filed by an elderly individual under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is maintainable despite pending civil suits. Justice Vikas Bahl also emphasided that a special Act, such as the 2007 statute, provides specific rights, and other proceedings do not disentitle a person from seeking relief under the special Act.

Justice Bahl was hearing a petition for setting aside order dated December 5, 2019, passed by Hoshiarpur District Magistrate-cum-Appellate Tribunal, whereby a woman’s plea under the Senior Citizens Act was allowed for evicting her son from her house.

Appearing before Justice Bahl’s Bench, the counsel for the son and another petitioner submitted that they had filed a civil suit against the parents and some other persons for restraining them from dispossessing or interfering with their possession in the property. It was submitted that the present application was not maintainable and should have been rejected once the civil suit was pending.

Justice Bahl asserted that the reliance sought to be placed on the civil suit filed by the petitioners against the parents and other persons did not in any way further their case. It, rather, went against them “inasmuch as in the case no injunction has been granted in favour of the petitioners”.