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2022 Supreme(Del) 2017

VIBHU BAKHRU, AMIT MAHAJAN
Pawan Reley – Appellant
Versus
Union of India – Respondent


ORDER

1. The present writ petitions have been filed by the petitioners challenging the vires of Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter "Maintenance Act").

2. The petitioners have challenged the constitutional validity of Section 17 of the Maintenance Act, alleging to be in violation of Section 30 of the Advocates Act, 1961 in so far as it prevents Petitioner No. 1, who is a Lawyer representing Petitioner No. 2 in W.P.(C) 3074/2019, from representing Petitioner No. 2 before the Maintenance Tribunal. It is also alleged that Section 17 of the Maintenance Act is also unconstitutional on account of being violative of Article 19(1)(g) of the Constitution of India.

3. Petitioner No. 2 has engaged Petitioner No. 1 as her Counsel in relation to a complaint filed under the Maintenance Act before the Maintenance Tribunal. Petitioner No. 1 was denied entry by the Maintenance Tribunal citing Section 17 of the Maintenance Act.

4. Being aggrieved, the petitioners had approached this Court by filing a writ petition titled as Pawan Reley & Anr. v. Union of India & Ors. in W.P. (C) 1466/2019, which was withdrawn on 13.02.2019 with liberty

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