Purushottam Tamoli 05 September 2023

Senior citizen act 2007

Good Evening Sir

Sir , I want to ask a question in group, related to *Senior Citizen Act 2007* and *Suo Motto* Time Validity to exercise in same act.

Suppose father gets succes in getting order, in Year 2018, to expel out son and daughter in law from house .

After this order , Father and son got compromise....Son and Daughter in law Started living together.

Now in year 2023 , after five years ,Father again goes to court , *in same act and on same last facts* (no new addition or faults by son /daughter in law) and asks magistrate to give order to expel son and daughter in law..

📌Can Suo motto exercised now after five years gap ?

📌Is this a case of Double Jeopardy or not ?

Reply Follow

4 Replies

T. Kalaiselvan, Advocate (Advocate) 06 September 2023

It is not a double jeopardy.

The offence is continuous hence the father can approach the court once again with the same complaint

There is no restriction on him to approach the tribunal which is meant to protect the interests of the senior cirtizens.

Dr. J C Vashista (Advocate ) 06 September 2023

After 5 years it is a fresh cause of action against son and daughter in-law, which do not attract double joepardy.

Real Soul.... (LEGAL) 06 September 2023

It is recurring process, you live togather and then you and your wife mistreats him he awill again go to court

Purushottam Tamoli 08 September 2023

Good Evening Sir ,

In case it is not a recurring process and senior citizen approaches with old facts refrences only....Than what can be a solution.

There are no facts of mistreats and senior citizen is a retired state government employee with a monthly pension of Rs 40K. Son is helping his father in medical emergency and other activities as asked by father but no proofs and son is doing his all expenses by self.No burden on parents for wife and kids expenses

Son is a adopted son ..Now Senior Citizen wants to expel son and wants her biological daughter and her son's to be in....What can be a solution