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.

“1) Non-applicant is directed to return the amount of Rs.7,15,00,000/- (Rupees seven crores fifteen lakhs only) to the applicant within two months from the date of receipt of this order;

2) Non-applicant and Rishi Kumar Mittal both are directed to pay Rs.20,000/- per month each, total Rs.40,000/- per month to the applicant from the date of filing of the present application to his life time on account of maintenance of applicant and his wife. The maintenance amount will be paid to applicant up to 10th date of each month and arear will be paid by the said both sons within two months from the date of receipt of this order.

3) Non-applicant and Shri Rishi Kumar Mittal both are directed to pay actual medical expenses to the applicant incurred upon applicant and his wife equally within 15 days from the date of provide the vouchers/bills showing expenditure incurred by him.”

5. According to the Petitioner, the said order was not given effect to and the maintenance was also not given effect to by the Respondent No. 3. The Petitioner then approached the concerned ADM once again seeking enforcement of the order in accordance with Section 11 of the Act. In response to the same, on 21st September, 2022, the ld. ADM has merely written to the SHO PS CR Park for execution of the order. The language of the said communication reads:

“Sub: Enforcement of order dated 13.03.2022 (sic 31.03.2022) passed by the office of Padmakar Ram Tripathi, Ld. Additional District Magistrate (South-East), Tribunal of Maintenance of Parents and Senior Citizen, Govt. of NCT of Delhi.

Please find enclosed herewith a complaint received on 04.08.2022 from Rajendra Kumar Mittal addressed to Additional District Magistrate (South-East) on the above cited subject for execution of the enclosed order, under intimation to this office.”

With the prior approval of ADM (SE)

Encl: As above

Sd/-

PA to ADM (South-East)

To

SHO

C.R. Park

New Delhi – 110019”

6. The Petitioner has thus approached this Court seeking setting aside of the communication dated 21st September, 2022 and for necessary directions for enforcement of the order passed by 31st March, 2023.

7. Ld. Counsel for the Petitioner submits that the letter to the SHO is not in compliance of the provisions of the Act. As per the Act, the Petitioner is entitled to approach the Tribunal under the Act, once again for ensuring the enforcement of the order. He also submits that even an appeal against the order passed by the ld. ADM has been filed and the same is pending. In any event, the amounts, in terms of the maintenance, which has been directed, have to be paid.

8. Ld. counsel appearing for the Respondent No.3, who is the contesting Respondent, submits that the appeal is now pending before the Divisional Commissioner and is listed on 15th February, 2023. He submits that the matter would be heard on the said date.

9. A perusal of Section