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Section 27: Jurisdiction of civil courts barred

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2007
Section 26 All 32 Sections of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 28

Legal Commentary & Landmark Judgments: Section 27

Section 27 enacts an express statutory bar ousting the jurisdiction of civil courts over any matter to which any provision of the Senior Citizens Act applies, and prohibiting civil injunctions against Tribunal proceedings.

  • Express Civil Court Bar: No civil court shall have jurisdiction in respect of any matter to which any provision of this Act applies.
  • Injunction Prohibition: No injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Act.
  • Protection of Tribunal Orders: Prevents disgruntled children from instituting collateral civil suits to stay Maintenance Tribunal orders or stall eviction proceedings.
Key Landmark Precedents:
  • Sunny Paul v. State (NCT of Delhi) 2018 SCC OnLine Del 11640: The Delhi High Court held that Section 27 explicitly ousts civil court jurisdiction; a civil court has no authority to grant an injunction restraining the District Magistrate or SDM from enforcing an eviction order.
  • S. Vanitha v. Deputy Commissioner (2021) 15 SCC 730: The Supreme Court recognized that Section 27 bars civil courts, while affirming that constitutional High Courts under Article 226 retain supervisory judicial review.
Courtroom Practice & Strategic Litigation Guidance:

If children file a civil suit for a declaration or permanent injunction seeking to restrain the parents from pursuing eviction before the SDM, file an immediate application under Order VII Rule 11(d) CPC. Plaints seeking to bypass the Tribunal are barred by law under Section 27.

Section 26 All 32 Sections of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 28