LAWS(MPH)-2025-1-37

DILIP MARMAT Vs. COLLECTOR

Decided On January 27, 2025
Dilip Marmat Appellant
V/S
COLLECTOR Respondents

JUDGEMENT

(1.) The present writ appeal has been filed seeking following reliefs:-

(2.) The appellant-petitioner is the son-in-law of respondent No.3. He was married to his deceased daughter. However, in an accident the wife of appellant died in the year 2018. The appellant is living in the said house as a permissive occupant and as submitted by learned counsel for the appellant that he cannot be evicted from the said premises.

(3.) It is further submitted that in terms of the definition of 'Children' given in Sec. 2-A of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (hereinafter referred as 'the Act of 2007'). The appellant being son-in-law will not fall in the definition of 'Children'. The learned Tribunal, however, failed to follow the procedure of conciliation before passing an award. Even 'relative' defined in Sec. 2(g) of the Act of 2007 will not include the appellant, therefore, appellant being not covered under the Provisions of the Act of 2007 could not have been subject matter of any order under the provisions of the Act of 2007.