The Lucknow bench of the Allahabad High Court said in an important decision on Friday that the Maintenance and Welfare of Parents and Senior Citizens Act 2007 does not give parents the right to take children out of the house. The court said in its decision that the tribunal constituted under the law can direct the child to provide proper maintenance to the parents on the application of the parents, but it cannot pass an order to evict the child from the house. The court said that the intent of the Act is to ensure proper maintenance and welfare of parents and senior citizen.
The petitioner challenged the DM’s order in the High Court
The Sub-District Magistrate (SDM) as the Presiding Officer of the Tribunal ordered on 8th July, 2019 that the petitioner should not exercise parental rights in any part of the house other than the room where he lives and the shop he uses. Will not interfere. The parents of the petitioner did not agree with the said order of the SDM and they filed an appeal against the order of the SDM to the District Magistrate, Sultanupar, on which the District Magistrate on November 22, 2019 canceled the order of the SDM and sent the petitioner to her parents. Issued an order to vacate the father’s house and shop and said that if the petitioner does not do so in one and a half months, then with the help of the police, the place will be vacated from him. This order was challenged by the petitioner in the High Court.
