Kanwaljit Singh Ahluwalia, J.

1. Deepak Sharma son of Hanuman Prasad Sharma and Pushpa Devi Sharma, has approached this Court to assail the order dated 6.3.2013 passed by the Maintenance Tribunal, constituted under The Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (hereinafter to be referred as 'the Act of 2007'). Vide impugned order (Annexure-3) dated 6.3.2013, the Tribunal had awarded Rs. 2,500/- per month as maintenance to the respondent Nos. 3 and 4, parents of the petitioner. In the present case, parents are nursing a grievance that the present petitioner by way of design, obtained power of attorney from the seller Vijay Laxmi Mathur, even though, entire amount of sale consideration was paid by the parents and by virtue of said power of attorney transferred Flat No. FF-129, JDA Colony, Jhalana Dungari in the name of Smt. Nirmala Sharma, wife of the petitioner.

2. Old parents who have spent their lifelong savings not only for rearing the children, have made a complaint that on 22.1.1999, the respondent No. 2 Hanuman Prasad Sharma purchased the above said flat for his wife Pushpa Devi Sharma from Vijay Laxmi Mathur. Agreement to sell, original papers of the flat including allotment letter, letter of possession were handed over to the respondent No. 3, father of the petitioner. It is stated that they blindly trusted their son and reposed faith in him and as a result thereof he had obtained on 4.6.2009 power of attorney from Vijay Laxmi Mathur and by using the said power of attorney, the petitioner had transferred the flat in the name of his wife. Sum and substance of the complaint of the respondent Nos. 3 and 4 is that the petitioner instead of transferring the flat in the name of mother, on the basis of power of attorney which father had obtained for him, exploiting fiduciary relationship had transferred the flat in the name of his wife. Hence, parents allege that their son ignored the mother and preferred his wife, daughter-in-law of the respondent Nos. 3 and 4.

3. To borrow the words of Sanjay Krishna Kaul, J. in the judgment rendered in Justice Shanti Sarup Dewan, Chief Justice (Retired) and another v. Union Territory, Chandigarh and others, 2014 (14) RCR (Civil) 656, "The filial affections of a father have cost him dearly in the twilight years of his life"

4. What has been stated above has been culled from the Annexure-1, copy of the application filed by the respondent No. 3 Hanuman Prasad Sharma, before Maintenance Tribunal, constituted under Section 7 of the Act of 2007.

5. In the application (Annexure-1), father respondent No. 3 stated that after the flat was transferred by their son in the name of daughter-in-law, the petitioner and his wife started to abuse and humiliate parents and they were subjected to indecent behavior. In the application following prayers were made:-

^^1- esjs iq= ds f[kykQ vko';d dkuwuh dk;Zokgh dh tkosA

2- esjh iRuh Jherh iq"ik nsoh dks edku dk dCtk fnyokus dh d`ik djsA

3- eqdnes esa [kpZ dh xbZ jkf'k $ Vsa'ku ls eqfDr dh jkf'k $ xqtjk HkRrk $ vFkok edku dh orZeku dher fnykus dh d`ik djsA

4- nhid 'kekZ ls ;g iwNk tk, dh mlus edku uaΠ,Q & 129 dh izkIrh esa fdruh jkf'k [kpZ dh gSA

esjh 70 o"khZ; iRuh ds gkFkksa esa] tksMks esa ges'kk nnZ jgrk gS og esjs vkSj vius fy, jksVh cukus esa Hkh vleFkZ gS jkst nfy;k@f[kpM+h ij gh fuHkZj jguk iM+rk gSA**

6. The petitioner filed the reply (Annexure-2). In the reply, the petitioner stated that the mother has already filed a civil suit. It is further stated in the reply that in the civil suit his mother has admitted that they had provided financial assistance to all the three sons. The Sub-Divisional Magistrate No. 2, Sanganer being Tribunal awarded Rs. 2,500/- as maintenance to the parents. Against the same, the petitioner filed an appeal. The said appeal was not entertained and was rejected. It was held that within the meaning of Section 16(1) of the Act of 2007, right of appeal is not available to the petitioner.

7. Mr. Anurag Shukla, th