The Bombay High Court, Nagpur Bench, disposed of the Writ Petition wherein the petitioner sought relief to declare Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as ultra vires and unconstitutional, and to quash and set aside the order passed by the Sub Divisional Officer, Yavatmal in Senior Citizen Case No. 8/24-25 dated 07.04.2025 relying upon Section 17 of the Act of 2007.
The Court noted that the said Section 17 of the Act of 2007 has already been declared ultra vires by the Division Bench of the Kerala High Court in the case of Adv. K. G. Suresh v. Union of India and others, reported in 2021 SCC OnLine Ker 1686 and by the Delhi High Court in the case of Pawan Reley and another v. Union of India and others, reported in 2022 SCC OnLine Del 3221.
The Division Bench comprising Justice Anil S. Kilor and Justice Vrushali V. Joshi further observed that during the pendency of this petition, the Goa Bench of this Court vide judgment dated 09.06.2025 in the case of Mr. Santosh Savlaram Morajkar v. Mrs. Sumitra Savlaram Moraskar and another (Writ Petition No. 219 of 2025) has also taken the similar view and declared Section 17 of the Act of 2007 as ultra vires.
Accordingly, the Court quashed and set aside the impugned order dated 07.04.2025 passed by the Sub Divisional Officer, Yavatmal and remitted the matter back to the Sub Divisional Officer, Yavatmal to decide the case of the senior citizen afresh, in view of the judgment passed by the Goa Bench of this Court in the case of Santosh Morajkar (supra). The Court directed that the parties shall appear before the Sub-Divisional Officer, Yavatmal on 25.08.2025 at 11:00 a.m., and the Sub Divisional Officer shall decide the case afresh within two months from the date of appearance of the parties. The writ petition stands disposed of.
Cases relied on:
Adv. K. G. Suresh .v/s. Union of India and others, 2021 SCC OnLine
Pawan Reley and another .v/s. Union of India and others, 2022 SCC OnLine Del 3221.
Santosh Savlaram Morajkar .v/s. Mrs. Sumitra Savlaram Moraskar and another (Writ Petition No. 219 of 2025)
Appearances:
Mr R. S. Bhoyar, Adv. h/f. Mr K. P. Mahalle, Advocate for the petitioner
Mr N. S. Deshpande, DSGI for respondent No. 1
Mr S. M. Ukey, Addl.GP for respondent Nos. 2 & 3/State
