Property related

Dear Client,
In the given situation, your father, being a Sr. Citizen, has the right to file a complaint against his errant and unruly daughter who subjected him to domestic violence or hurt him mentally and emotionally can apply under Section 5 of the Maintenance and Welfare of Parents & Sr. Citizens Act, 2007 before the maintenance tribunal presided over by the SDM/DM explaining therein the nature and details of harassment and humiliation faced by him in the hand of own daughter. On receipt of an application for maintenance under sub-section(I) of Sec.5 of the Act from a Sr. Citizen, after giving notice of the application to the children or relative and after allowing the parties to be heard, hold an inquiry for determining the amount of maintenance and based on the merit in the claim, the Maintenance Tribunal can pass an order for payment of maintenance up to Rs.10,000/-payable by the errant children or relatives to the applicant, parents/Sr. Citizen including order of eviction of erring children/relatives from the property belonging to Sr. Citizens/Parents. This benevolent act is exclusively enacted for the protection of the safety and security of Sr. Citizens who are being harassed and abused by their children/relatives in their sunset years to lead a life with dignity and peace. No Advocate is allowed in the proceedings to represent the case either on behalf of Sr. Citizens or OP, erring children/relatives. Further, an Elder Help Line (No.14567) is launched by the Ministry of Social Justice and Empowerment exclusively for the protection of the interest of Sr. Citizens of the Country from any kind of crisis from health to wealth. You may contact them through the helpline number whenever needed to resolve a crisis. Recently, the Hon'ble Kerala High Court in the case of Mrs. Ameera & Ors v. The Maintenance Tribunal, Kozhikode [Neutral Citation No. 2024:KER:90142] has ruled that ongoing maintenance proceedings before the Family Court under Section 125 of the Criminal Procedure Code (CrPC) do not limit the jurisdiction of the Maintenance Tribunal to order residence for senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act).