Madras High Court Rules 57-Year-Old Woman Not a 'Senior Citizen' Under 2007 Act
The Madurai Bench of the Madras High Court has clarified that only a parent or a person who has attained the age of 60 years can invoke the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Justice M. Dhandapani delivered the ruling while hearing a writ petition challenging an order of the District Collector, Kanniyakumari, which had directed a couple to pay ₹6,000 per month as maintenance to a 57-year-old woman.
The dispute arose after the woman, along with her mother and maternal uncle, executed a settlement deed in favour of the petitioners. Subsequently, she sought cancellation of the deed before the Revenue Divisional Officer (RDO). When the RDO declined relief, she appealed before the District Collector.
Although the Collector refused to cancel the settlement deed, he directed the petitioners to pay ₹6,000 monthly maintenance. Aggrieved by the order, the petitioners approached the High Court.
Before the Court, the petitioners argued that the woman was neither a senior citizen nor a parent within the meaning of the 2007 Act. Since she was only 57 years old when she initiated proceedings, they contended that the authorities had no jurisdiction to entertain her complaint.
The Court agreed with this contention. Referring to the statutory definition of a "senior citizen," Justice Dhandapani observed that a person must be at least 60 years old to seek remedies under the Act unless proceeding in the capacity of a parent.
The Court noted that the complainant had not attained the age of 60 at the time of filing and was also not the parent of the petitioners. Consequently, the complaint itself was held to be not maintainable under the Act.
Holding that the authorities lacked jurisdiction, the High Court set aside the District Collector's maintenance order. However, the Court granted liberty to the woman to pursue appropriate legal remedies after attaining the age of 60 years, subject to eligibility under law.
The judgment reinforces the statutory limits of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and emphasizes that authorities exercising powers under the Act must strictly adhere to its eligibility requirements.
Case: Pradip C. Nair & Another v. The District Collector, Kanniyakumari & Another
Court: Madras High Court (Madurai Bench)
Judge: Justice M. Dhandapani