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POOJA (ARTICLE ASSISTANT)     14 October 2023

Specific Relief Act

is senior citizen court useful for senior citizen to fast disposal of suit in city civil court? TIA. 🙏


 1 Replies

LCI Thought Leader Sulakshana Survase   16 October 2023

Fifteen years ago, individuals aged 60 and above, commonly referred to as senior citizens, were granted statutory safeguards for specific fundamental rights through the enactment of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act). These rights encompassed the ability to reclaim properties that were previously gifted or transferred to their children or heirs.
Andhra Pradesh High Court: JUSTICE BattuDevanand, observed that:
 It is the duty of the Courts to see that the senior citizens shall be given priority for early disposal of their cases whether those are civil or criminal or service or any type of litigation to enable them to enjoy the fruits of litigation during their life time.

The Delhi High Court has emphasized that the appellate tribunal established under the Senior Citizens Welfare Law should actively strive to adjudicate on cases brought before it within a one-month timeframe. 
Justice Tushar Rao Gedela pointed out that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, was enacted with the purpose of preventing unwarranted deprivation of shelter for senior citizens and parents of a vulnerable age. This legislation places a duty on the appellate tribunal to issue a written judgment within one month of receiving an appeal, he further stated.

1. **Fast-Track Courts:** In many states in India, fast-track courts have been established to expedite the disposal of cases, and they may prioritize cases involving senior citizens.

2. **Conciliation and Mediation:** Mediation and conciliation processes are often encouraged to resolve disputes before they go to trial, which can be especially helpful for senior citizens to avoid lengthy legal proceedings.

3. **Legal Aid for Senior Citizens:** Senior citizens in India can also avail of legal aid services provided by the government. These services often include free legal advice, representation, and assistance with court procedures.

4. **Provisions in Civil Procedure Code:** The Code of Civil Procedure (CPC) contains provisions for the speedy disposal of suits. For example, Order XVII allows courts to expedite proceedings by imposing time limits on certain stages of the case.

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