The executing court must execute final orders under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, without alteration.

JUDGMENT

Vikas Bahl, J. (Oral)

Present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned order dated 14.02.2023 (Annexure P-3) passed by the Maintenance Tribunal, Kaithal, in execution application filed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred as 'Act of 2007').

2. Learned counsel for the petitioner has submitted that in the present case, the petitioner is a 75 year old widow and had filed an application for maintenance and protection of life and property under Section 4 read with Section 23 of the Act of 2007 against respondent No.4, who is the son of the petitioner. It is further submitted that after hearing both the parties and after considering the reply filed by both the parties, the Maintenance Tribunal allowed the said case, vide order dated 05.10.2018 (Annexure P-1), by directing respondent No.4 to provide shelter to the petitioner to live and to deposit Rs.1500/- per month in her bank account before the 5th of every month for her maintenance and upkeep. It is also submitted that the appeal filed by respondent No.4 against the said order was dismissed vide order dated 27.05.2022 and thereafter, the petitioner had filed an execution application and the Sub- Divisional Officer (N), Kaithal, instead of executing the orders which had attained finality, as no writ petition was filed against the said orders passed by the authorities, modified the said order and did not execute the same in accordance with law. It is stated that it is a matter of settled law that the executing Court cannot go beyond the orders passed by the authorities under the Act of 2007 and thus, the impugned order dated 14.02.2023 (Annexure P-3) deserves to be set aside on the said ground alone and the order passed by the authorities under the Act of 2007 which had attained finality deserves to be executed.

3. Learned counsel for respondent No.4, on the other hand, has opposed the present writ petition and has submitted that the Sub- Divisional Officer (N), Kaithal in execution proceedings had passed the order after taking into consideration the fact that respondent No.4 is a poor person and that he has three children to support.

4. This Court has heard learned counsel for the parties and has perused the paper-book.

5. It is not in dispute that the petitioner is a 75 year old widow and is the mother of respondent No.4. The petitioner had filed an application under Section 4 read with Section 23 of the Act of 2007 for the maintenance and protection of life and property. The Maintenance Tribunal after considering the pleas raised by both the parties allowed the said application vide order dated 05.10.2018 (Annexure P-1) in the following terms: -

"After hearing the parties and perusing the records, the Tribunal has come to the conclusion that no land has been transferred from the applicant to the respondent. The applicant is receiving old age pension of Rs.1800/- from Haryana Government. The applicant is already living separately from her husband. Therefore, the respondent is directed to provide a shelter for the applicant to live and deposit Rs.1500/- in her bank account before the 5th of every month for her maintenance and upkeep, so that the applicant can maintain her and live properly. The applicant is directed to give the photocopy of her bank account to the respondent through to the Court within 15 days of the order. The record after completion be consigned to record room.

Today this order as pronounced in the open court on 05/10/2018."

A perusal of the same would show that respondent No.4 herein was directed to provide shelter to the petitioner to live and to deposit Rs.1500/- as maintenance per month in her bank account before the 5th of every month.

6. The appeal filed by the respondent No.4 against the said order was dismissed on 27.05.2022 (Annexure P-2). The relevant portion of the said ord