The judgment emphasizes the need for clarity and awareness regarding appealable orders and forums under The Delhi Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rules to avoid confusion and multiple writ petitions.

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done through hybrid mode (physical and virtual hearing).

2. The present petition has been filed by the Petitioner, who is the wife of Respondent No.4 and daughter-in-law of Respondent No.3, against order dated 8 th February, 2021 passed by the District Magistrate. By the said order, the Petitioner has been evicted from premises bearing no. C-28, Mansa Ram Park, Uttam Nagar, New Delhi-59 (hereinafter, 'suit property'). The impugned order has been passed by the District Magistrate while exercising powers under Rule 22 (3)(1) (i) of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 (hereinafter, 'Rules'), as amended on 19th December, 2016 vide notification F.No.30(405)/Amendment of Rules-MAWPSC2007/DD(SS)/DSW/2015-16/24836-865.

3. The submission of ld. Counsel for the Petitioner is that the writ petition ought to be entertained by this Court, as an appeal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter, 'Act') can only be filed by a senior citizen. Ms. Tandon, ld. Counsel, on the other hand, submits that the impugned order is appealable to the Divisional Commissioner under Rule 22 (3)(4) of the Rules, as amended on 19th December, 2016. Accordingly, she submits that the Petitioner be allowed to approach the Divisional Commissioner.

4. A large number of writ petitions are filed before this Court challenging orders passed under the Act, as also the Rules. There appears to be some confusion as to which orders are appealable, to which forum and by whom. In order to properly appreciate the scheme of the Act and the Rules thereto, it is necessary to set out the provisions which are applicable separately qua maintenance and eviction proceedings.

Proceedings relating to Maintenance:

5. Insofar as maintenance proceedings for the welfare of parents and senior citizens are concerned, under Section 2(j), the Act provides that the 'Tribunal' would be the forum for exercising first jurisdiction. 'Tribunal' is defined under Section 2(j) as the 'Maintenance Tribunal' constituted under Section 7. Section 7 reads as under:

"Section 7. Constitution of Maintenance Tribunal.

(1) The State Government shall within a period of six months from the date of the commencement of this Act, by notification in Official Gazette, constitute for each Sub-division one or more Tribunals as may be specified in the notification for the purpose of adjudicating and deciding upon the order for maintenance under section 5.

(2) The Tribunal shall be presided over by an officer not below the rank of Sub- Divisional Officer of a State.

(3) Where two or more Tribunals are constituted for any area, the State Government may, by general or special order, regulate the distribution of business among them."

6. Rule 3(2) further provides for the constitution of the 'Maintenance Tribunal' under Section 7 which reads as under:

"3. Constitution of Maintenance Tribunal

...........

(2) The Tribunal shall consist of an ADM or SDM of the subdivision, as the case may be and two other members, of whom one shall be women. "

Thus, the Maintenance Tribunal under Section 7 of the Act would be the ADM or the SDM of the concerned sub-division.

7. Insofar as filing of appeals qua maintenance related matters are concerned, the same is governed by Section 15 of the Act, under which the State has to constitute an Appellate Tribunal. Section 15 of the Act reads as under:

"15. Constitution of Appellate Tribunal

(1)The State Government may, by notification in the Official Gazette, constitute one Appellate Tribunal for each district to hear the appeal against the order of the Tribunal.

(2)The Appellate Tribunal shall be presided over by an officer not below the rank of District Magistrate."

8. Rule 16 of the Rules deals with the establishment and procedure of the Appellate Tribunal, under which, the District Magistrate of each District has been notified as the Appellate Tribunal. Rule 16 reads as under