Jurisdiction Of Senior Citizens Maintenance Tribunal Can't Be Invoked When Complainant Woman Is Aged Below 58 Yrs: Punjab & Haryana High Court

The bench comprising Justice Arun Monga quashed the impugned order and further held that in the premise, on that short ground alone, Tribunal could not have invoked the jurisdiction of the Maintenance Tribunal under the Act because the respondent was not a senior citizen on the relevant date.

In the premise, on that short ground alone, Tribunal could not have invoked the jurisdiction of Maintenance Tribunal under the Act, as respondent No.2 herein was less than 58 years not a senior citizen on the relevant date.

The instant case came as a result of a writ petition in the form of certiorari to set aside the impugned order whereby the application filed by respondent No.2 under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 was allowed and the petitioner was directed to vacate the property of respondent No.2 within 30 days of the order passed.

After perusing the Ration Card, Aadhar Card, and an earlier petition filed in this court, the court came to the conclusion that the respondent has herself stated her age to be less than 58 years on the date of instituting proceedings before the Maintenance Tribunal.

Perusal of the record vis-à-vis Annexures particularly, Annexures P-1 (Ration Card), P-1-A (Aadhar Card) and P-4 (an earlier petition filed in this court by the respondent No.2) reflects that on her own volition, respondent No.2 has stated her age to be less than 58 years as on the date of instituting proceedings before the Maintenance Tribunal vide petition Annexure P-5, which is dated 04.09.2020.

In the light of the above statement the court concluded that on that short ground alone, Tribunal could not have invoked the jurisdiction of the Maintenance Tribunal under the Act.

Accordingly, the court quashed Impugned Order for lack of jurisdiction.