Back
ANIL L. PANSARE
Riddhi – Appellant
Versus
Pratibha – Respondent
ORDER :
Anil L. Pansare, J.
Heard Mr. N. B. Kalwaghe, learned Counsel for the Petitioners, Mr. R. D. Dharmadhikari, learned Counsel for the Respondent No.1, Mr. A. M. Jaltare, learned Counsel for the Respondent No.2, Ms. M. H. Deshmukh, learned AGP for the Respondent No.3.
2. The question that falls for consideration is, whether the daughter-in-law can file appeal under section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, 'the Act of 2007') against the order passed by the Tribunal constituted in terms of Section 7 of the Act of 2007.
3. The Petitioner No.1 is daughter of Petitioner No.2 and Respondent No.2. The Petitioner No.2 is daughter-in-law of Respondent No.1. In other words, Petitioner No.1 is grand-daughter of Respondent No.1. She will be hereinafter referred to as 'grand-daughter', Petitioner No.2 as 'daughter-in-law', Respondent No.1 as 'mother' and Respondent No.2 as 'son'.
4. The Tribunal has, by the impugned order directed sonand daughter-in-law to pay maintenance at Rs.10,000/- per month to the mother. The Tribunal has further directed daughter-in-law and the son to vacate the disputed premises.
5. There is no dispute that son has ta
The term 'relative' under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 includes daughter-in-law, allowing her to file an appeal against Tribunal orders.
The term 'relative' under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 includes daughter-in-law, allowing her to appeal against Tribunal orders.
The court established that both parents and children have the right to appeal under Section 16 of the Act, emphasizing the need for a purposive interpretation to ensure fairness.
Point of law : To save a statute from being held ultra vires, the Court always has a power to read down a statutory provision. However, it is not permissible for the Court to add something to the sta....
Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act allows any affected party to prefer an appeal, as interpreted by the court based on the Punjab & Haryana High Court's judg....
The right to appeal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is exclusive to senior citizens and parents, excluding others like children or relatives.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
