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Section 3: Act to have effect notwithstanding anything inconsistent contained in any enactment

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 2 All 32 Sections of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 4

Legal Commentary & Landmark Judgments: Section 3

Section 3 enacts a powerful non-obstante clause declaring that the provisions of the Senior Citizens Act shall have effect notwithstanding anything inconsistent contained in any other enactment or instrument.

  • Absolute Overriding Effect: The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act, or in any instrument having effect by virtue of any enactment.
  • Supremacy Over Civil Court Jurisdiction: Read with Section 27, overrides the Code of Civil Procedure and Specific Relief Act to bar civil court interference with Tribunal orders.
  • Interplay with Other Welfare Statutes: Judicially harmonized to co-exist with other social welfare enactments like the Domestic Violence Act, 2005.
Key Landmark Precedents:
  • S. Vanitha v. Deputy Commissioner (2021) 15 SCC 730: The Supreme Court held that while Section 3 gives the Senior Citizens Act overriding effect, non-obstante clauses must be construed harmoniously when competing with another beneficial social legislation (such as Section 19 of the DV Act); a daughter-in-law cannot be summarily evicted without evaluating her residence rights.
  • Sunny Paul v. State (NCT of Delhi) 2018 SCC OnLine Del 11640: Held that Section 3 gives overriding authority to the Maintenance Tribunal to order eviction of abusive adult children from the self-acquired property of elderly parents notwithstanding civil property laws.
Courtroom Practice & Strategic Litigation Guidance:

Rely on Section 3 whenever an adult child argues that they have a right to reside in parental property by virtue of coparcenary rights or family settlements. Section 3 supersedes all conflicting private instruments and ordinary civil property claims.

Section 2 All 32 Sections of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 4