Back
PRATHIBA M. SINGH
Rajendra Kumar Mittal – Appellant
Versus
Addl. District Magistrate (South-East) – Respondent
JUDGMENT :
[Prathiba M. Singh, J.]
1. This hearing has been done through hybrid mode.
CM APPL.4013/2023 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
W.P.(C) 1026/2023 & CM APPL.4012/2023
3. The present petition has been filed by the Petitioner - Mr. Rajendra Kumar Mittal, who is father of the Respondent No.3 - Mr. Pradeep Kumar Mittal. The Petitioner had approached the ld. Additional District Magistrate (ADM) South East under Section 4 read with Section 23 of the Maintenance & Welfare of Parents and Senior Citizens Act, 2007 (hereinafter ‘the Act’). In the said application, he was seeking action against his son, who according to him, had taken a sum of Rs.7.15 crores from him and had failed to pay any maintenance to him. It is his claim that Respondent No. 3 had also not returned the money upon demand.
4. The said application was decided by the ld. ADM vide order dated 31st March, 2022. The operative portion of the order directs the Respondent No.3 to return the amount taken from his father and also pay monthly maintenance in the following terms.
The court has the authority to modify maintenance orders based on the circumstances and joint statements made by the parties involved.
Failure to comply with maintenance orders leads to enforcement actions under the Maintenance and Welfare of Parents and Senior Citizens Act.
Mandamus directs enforcement of senior citizen maintenance order under the Act upon default.
Mandamus issued to enforce senior citizen maintenance order under 2007 Act, directing arrears recovery within three months.
The court clarified the interpretation of Section 9(2) of the Senior Citizens Act, holding that the maximum maintenance allowance of Rs.10,000/- applied to each senior citizen, resulting in a total a....
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
