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“Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is declared as ultra vires of Section 30 of the Advocates Act, 1961”
In a groundbreaking judgment, the Kerala High Court has declared as unconstitutional the bar on lawyers representing parties in matters before the Maintenance Tribunals constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Maintenance Act).
A Bench of Chief Justice S Manikumar and Justice Shaji P Chaly pronounced judgment in the case last week, allowing a writ petition filed in 2011.
Drawing from Section 30 of the Advocates Act, the Bench ruled,