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2023 Supreme(Del) 295

PRATHIBA M. SINGH
Rajendra Kumar Mittal – Appellant
Versus
Addl. District Magistrate (South-East) – Respondent


Advocates Appeared:
For the Petitioner: Mr. Akshit Sachdeva.
For the Respondents: Ms. Hetu Arora Seth and Mr. Siddarth Agarwal, Mr. Deepak Mayur, Mr. Rajiv Jain, Ms. Kirti Kumari and Ms. Jyoti Sahay.

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 f

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