The Punjab and Haryana High Court has ruled that proceedings initiated under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cannot continue after the death of the senior citizen who sought relief under the law. While dismissing a writ petition, the Court clarified that any dispute over property or civil rights may still be pursued before the appropriate civil forum.
Background of the Case
The case arose from a challenge to two orders passed by the Maintenance Tribunal and the Appellate Tribunal concerning a family settlement and an arbitral award. The petitioner argued that the dispute was essentially about the validity of a Memorandum of Family Settlement dated August 29, 2008, and an arbitral award dated September 11, 2008, rather than a case involving neglect or refusal to maintain a senior citizen.
It was further contended that the arbitral award had already attained finality and could only be challenged under the Arbitration and Conciliation Act, 1996. The petitioner also argued that the Appellate Tribunal wrongly dismissed the appeal as infructuous merely because the senior citizen had died during the proceedings.
Court's Observation
Justice Kirti Singh rejected the petitioner's submissions and held that proceedings under the Senior Citizens Act are intended solely to secure the welfare and protection of senior citizens during their lifetime.
Referring to earlier decisions of the High Court, the Court observed that once the senior citizen who initiated the proceedings passes away, the very basis of those proceedings comes to an end.
The bench observed,
“Proceedings under the Act are intended to secure the welfare of senior citizens during their lifetime. Once the senior citizen, at whose instance such proceedings were initiated, ceases to survive, the very substratum of the proceedings stands extinguished.”
The Court also noted that the fact the dispute incidentally involved a family settlement or an arbitral award did not change the nature of proceedings under the special statute. It relied on previous judgments holding that the rights and protections available under the Act are co-terminous with the life of the senior citizen, leaving legal heirs free to pursue ordinary civil remedies if necessary.
Decision
Finding no jurisdictional error or legal infirmity in the Appellate Tribunal's decision, the High Court dismissed the writ petition. However, it clarified that the parties remain free to pursue any civil or proprietary claims before the competent forum in accordance with law.
Pending miscellaneous applications were also disposed of.
Case Details
Case Title: Deepak Jain v. District Magistrate and Chairman Appellate Tribunal, Yamunanagar and Others
Case Number: CWP No. 15381 of 2023
Judge: Hon'ble Ms. Justice Kirti Singh
Decision Date: 08 July 2026
