SHADAB KHAIRI Vs. STATE (DELHI)(D.B.)

JUDGEMENT

(1.) It is axiomatic that all legislations in a welfare State are enacted with the object of promoting the general welfare. But certain enactments are more responsive to some urgent social demands and have more immediate and visible impact on the social vices in society by operating more directly to achieve social reforms. These enactments, in our view, demand an interpretation liberal enough to achieve the legislative purpose, without doing violence to the language. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as "the Act") is evidently one such legislation. It was enacted with the avowed resolve to provide for more effective mechanism to ensure maintenance and welfare of parents and senior citizens as recognized under the Constitution of India.

(2.) The issue that has arisen for consideration in the present appeal, is "whether the Maintenance Tribunal has the jurisdiction to pass an order of eviction?"

(3.) Both the Maintenance Tribunal as well as the learned Single Judge of this Court have returned a finding that in cases of parental abuse, an order of eviction can be passed by the Maintenance Tribunal in terms of the provisions of the Act.