The right to appeal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is exclusive to senior citizens and parents, excluding others like children or relatives.

JUDGMENT :

A.C.BEHERA, J.

This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner (old widow mother of the Opposite Party Nos.3 and 4) praying for quashing the impugned order dated 07.11.2025 (Annexure-4) passed in Misc. Appeal No.12 of 2024 under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 by the Collector, Balasore(Opposite Party No.1) and to confirm the order dated 29.02.2024(Annexure-2) passed in Misc. Case No.49 of 2023 by the Sub-Collector, Balasore-cum-Presiding Officer, Maintenance and Welfare of Parents and Senior Citizens Act, 2007(Opposite Party No.2).

2. The factual backgrounds of this writ petition, which prompted the old widow petitioner for filing of the same is that, she(petitioner) is an old widow helpless senior citizen as well as mother of the Opposite Party Nos.3 and 4 and her present age is 83 years. Her one son, i.e., Opposite Party No.3(Rajendra Das) is a vegetable seller and her another son, i.e., Opposite Party No.4(Jitendra Das) is a Home guard and they(Opposite Party Nos.3 and 4) both are married. Her sons, i.e., Opposite Party Nos.3 and 4 divided her husband’s ancestral house between them without providing any room therein to her(petitioner) for her stay. She(petitioner) has no income of her own. Due to her extreme old age, she(petitioner) is not able to maintain her and she has nothing with her to maintain. When, her sons, i.e., Opposite Party Nos.3 and 4 did not provide her(petitioner) anything for her sustenance and medical expenses, then, without getting any way, she(petitioner) filed Misc. Case No.49 of 2023 before the Sub-Collector, Balasore-cum-Presiding Officer, Maintenance and Welfare of Parents and Senior Citizens Act, 2007(Opposite Party No.2) under Section 7 of the said Act, 2007 praying for directing her sons(Opposite Party Nos.3 and 4 in this writ petition) for providing her maintenance and financial assistance for her medical treatments and expenditures.

3. To which, her two sons, i.e., Opposite Party Nos.3 and 4 objected by filing objection stating therein that, there was an amicable settlement between them to provide maintenance to the petitioner, for which, there is no negligence on their part in providing maintenance to her(petitioner). They are residing in their ancestral residential house in separate mess. Presently, the Opposite Party No.4(Jitendra Das) is staying with his family in his Government quarter and there was a mutual understanding between them on dated 11.11.2021 before the District Mediation Centre, Balasore under DLSA, Balasore that, the Opposite Party No.3(Rajendra Das) shall pay Rs.1,000/- (rupees one thousand) per month to the Opposite Party No.4(Jitendra Das) to take care of the petitioner, but, the Opposite Party No.3(Rajendra Das) is not paying the same. In fact, no room in their ancestral house has been provided to the petitioner. As such, they(Opposite Parties) are not negligent in any manner in maintaining their mother, i.e., petitioner.

4. After hearing from both the sides, the Opposite Party No.2 passed final order in Misc. Case no.49 of 2023 on dated 29.02.2024(Annexure-2) and allowed the petitioner to stay with the Opposite Party No.4(Jitendra Das), who will maintain her(petitioner) and directed to the Opposite Party No.3(Rajendra Das) to pay Rs.5,000/-(rupees five thousand) per month to her(petitioner) clarifying that, none of the Opposite Parties among Opposite Party Nos.3 and 4 shall obstruct in staying of the pe