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VIKAS BAHL
Bimla Devi – Appellant
Versus
State of Haryana – Respondent
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
The executing court must execute final orders under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, without alteration.
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 duty of a son to care for his old aged parents, regardless of land transfers, and the importance of providing maintenance to senior citizens under the 2007 Act.
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.
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....
Orders passed by judicial bodies require proper jurisdiction, and any judgment rendered without such jurisdiction is deemed null and void.
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