Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Parbati Das – Appellant
Versus
Collector, Balasore – Respondent
| Table of Content |
|---|
| 1. writ petition filed by old widow for maintenance. (Para 1 , 2) |
| 2. opposite parties contest maintenance claims. (Para 3 , 4) |
| 3. appeal filed against the initial order. (Para 5 , 6 , 7) |
| 4. legal arguments regarding appeal competency. (Para 8 , 9 , 10) |
| 5. right to appeal limited to senior citizens. (Para 11) |
| 6. impugned order declared without jurisdiction. (Para 12 , 13) |
| 7. writ petition allowed; original order confirmed. (Para 14 , 15 , 16) |
JUDGMENT :
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).
3. To which, her two sons, i.e., Opposite Party Nos.3 and 4 objected by filing objection statin
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.
The court established that both parents and children have the right to appeal under Section 16 of the Act, emphasizing the need for a purposive interpretation to ensure fairness.
Only senior citizens or parents can appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act; appeals by children are not permitted.
The Maintenance and Welfare of Parents and Senior Citizens Act enables eviction of children from a parent's self-acquired property when there are credible allegations of harassment, emphasizing the p....
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 permits eviction of children from self-acquired property of parents when allegations of abuse justify such action to ensure their ....
The Maintenance and Welfare of Parents and Senior Citizens Act permits eviction of children from parental property if their presence poses a threat to the safety and dignity of senior citizens, refle....
Writ petitions under the Maintenance and Welfare of Parents and Senior Citizens Act cannot seek eviction; they only allow for maintenance enforcement, emphasizing the Act's protective nature for seni....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
