AIR 2020 BOMBAY 165 ::AIROnline 2020 Bom 426 ::(2020) 3 Mah LJ 587 ::(2021) 7 All MR 536 (BOM) ::2020 (5) Bom CR 441 ::2020 (3) Mah LJ 587 ::2020 (3) DMC 301

Bombay High Court

Hon'ble Judge(s): S. C. Gupte , J

(A) Maintenance and Welfare of Parents and Senior Citizens Act (56 of 2007) , S.4, S.23— Maintenance of senior citizen - Claim of eviction from flat in question made by senior citizen , mother-in-law - Order of eviction passed by Sub-Divisional officer against petitioner, daughter in law - No case that flat was required to be used as part of maintenance of mother-in-law - Mother in law did not transfer suit property by way of gift or otherwise to her son and daughter in law - No case that mother-in- law, as a senior citizen, was unable to maintain herself from her own earning or out of property owned by her - Application of mother in law based on alleged acts of cheating and harassment by daughter in law - Order of eviction, without reference to need of mother in law as senior citizen to use property as part of her maintenance, illegal - Set aside. (Para 8 9 14) (B) Maintenance and Welfare of Parents and Senior Citizens Act (56 of 2007) , S.4, S.23, S.2(g)— Maintenance of senior citizen - Senior citizen, mother-in-law having grown up sons - Seeking eviction of daughter-in-law on ground of physical and mental harassment committed by daughter in law - Pre-condition for passing any order under S. 4 is that chi....