Liberty of file fresh suit--However, Plaintiff was not made aware that Court Fee would be levied again if suit is filed afresh--Wrong Advice was given by previous counsel--Suit restored..

Act not applicable against senior citizen--Age of Son at the date of filing the application found to be 59 years--Compliant held to be maintainable--Eviction order upheld..

EMI Payment--Amount paid as EMI by the victim can be taken into consideration to access income earning capacity and loss of income..

Under POSH Act, complaint has to be filed within a period of 6 months from the date of the last incident..

Not a fatal defect if thereafter the conduct of parties was in furtherance of said agreement..

Revenue of the land transferred in the favour of the petitioner by the senior citizen is being enjoyed by the senior citizen--Thus, it cannot be said that she is not maintaining her old moth..

Use of two different inks while mentioning description of two properties--Decree set aside..

Application for recording of evidence and cross-examination of witness aged 84 years at her residence through local commissioner allowed under O.18 R.19 CPC..

Conditional arrests warrants were issued due to non-execution sale warrants--Conditional arrest warrants set aside..

A balanced approach, weighing the husband’s capacity and the wife’s needs, must be adopted..

During pendency of application under O.9 R.13 CPC, execution should be stayed..

Limitation of 30 days for filing an application under O.9 R.13 CPC starts from the date of knowledge of exparte decree and not from the date of issuance of exparte order..