Senior citizen act 2007

Rakesh Kumar (Querist) 09 October 2015 This query is : Resolved
Main Fact: Daughter in law(B)took personal & other family ornaments owned by Mother in law(A) after assuring her to return same after wearing them in wedding of her brother in end of Feb 2013. Earlier to that A denied B for ornaments due to her quarrelsome & selfish nature. However when A denied, B assured her by giving an undertaking in writing to return same after wedding. However after wedding B didn't returned them for many days & later put them in her locker. So A filed Police complain in April 2013.
Other Facts: Relations between A & B further strained when son of A filed Divorce case against B in November 2013 on ground of Adultery. Later B filed false case against her husband & A which were closed by police as B-Summary.
Question 1: Can A approach High court vide Senior Citizen Act 2007 to seal or do not operate the locker in which her property is kept by B as when the incident took place in Feb 2013 A was not a senior citizen but presently is more than 61 years age.
Question 2: Can A request High court to decide the issue in Family court Divorce case as it is already a issue in FC as per below. ISSUE- Whether the husband is entitled to get all his family ornaments and valuable articles from the respondent? (A has been not made a party in Divorce case)
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Anirudh (Expert) 10 October 2015
The Maintenance and Welfare of Parents and Senior Citizens Ac, 2007 will cover only

"maintenance" which includes provision for food, clothing, residence and medical attendance and treatment and

"welfare" means provision for food, health care, recreation centres and other amenities necessary for the senior citizens.

Therefore, return of the jewellery of mother-in-law by her daughter-in-law neither comes under "maintenance" nor under "welfare" of the senior citizen.

Yes, whoever is having the property (movable or immovable) of the senior citizen is liable to maintain the senior citizen, provided such a senior citizen is unable to maintain himself/herself from his/her own earning or property owned by him/her.

In your fact situation, it is not the case that the mother-in-law is unable to maintain herself.

Therefore, the provisions of Maintenance and Welfare of Parents and Senior Citizens Ac, 2007 may not apply to your case.

The mother-in-law is to file a civil suit against her daughter-in-law for recovery of her jewels. This has to be done within 3 years from the date when she gave the jewels - otherwise even a Suit cannot be filed (as limitation of 3 years will apply).

Sudhir Kumar, Advocate (Expert) 10 October 2015
agreed with Mr Anirudh

Rajendra K Goyal (Expert) 10 October 2015
Well advised, agree with the expert Anirudh.

Dr J C Vashista (Expert) 10 October 2015
Very well explained and advised by expert Mr. Anirudh, I appreciate and agree.

The case of 'A' is not covered under the provisons of The Maintenance & Welfare of Senior Citizens Act, 2007. Besides this, any case/complaint under the provisions of aforesaid Act is being entertained/ adjudicated by the Tribunal (District), generally the Deputy Commissioner as Chairperson with two members.