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2024 Supreme(UK) 668
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT, J.
Kamla Devi – Appellant
Versus
State of Uttarakhand and Others – Respondents
Writ Petition (M/S) No. 2618 of 2024
Decided On : 01-10-2024
For the Appellants : M.S. Pal, Apoorv Chauhan
For the Respondent: Anil Dabral
The Appellate Tribunal must decide appeals within one month as mandated by the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ensuring timely justice for maintenance claims.
Headnote:(A) Maintenance and Welfare of Parents and Senior Citizen Act, 2007 - Section 16(6) - Writ petition seeking direction for a pending appeal's resolution - The Appellate Tribunal is mandated to pronounce its order within one month of receipt of an appeal - The Tribunal's failure to decide the appeal timely is recognized by the court. (Paras 2, 4, 6, 7)
(B) Judicial Expediency - Timely resolution of appeals is crucial for upholding the intent of the legislation ensuring maintenance rights. (Paragraphs 5, 6)
Facts of the case:
The petitioner, a senior citizen and applicant under the Act, faced rejection of maintenance application resulting in an appeal lodged on 17.08.2023, which remains undecided beyond the prescribed timeframe.
Findings of Court:
The Court establishes the necessity for timely adjudication of appeals in accordance with Section 16(6) of the Act.
Issues: Whether the Appellate Tribunal’s failure to decide the appeal within one month contravenes the provisions established by the Act.
Ratio Decidendi: The Court emphasized that adherence to statutory timelines is essential, directing the Appellate Tribunal to decide the appeal within one month from the order date.
Result: Writ petition allowed.
| Table of Content |
|---|
| 1. writ petition filed for delay in appeal decision. (Para 2 , 3) |
| 2. mandatory time frame for appeal decision stated. (Para 4 , 5) |
| 3. court emphasizes obligation to adhere to statutory timelines. (Para 6) |
| 4. court orders timely resolution of the appeal. (Para 7 , 8 , 9) |
JUDGMENT :
PANKAJ PUROHIT, J.
1. Heard learned counsel for the parties.
2. The writ petition has been filed by the petitioner under Article 227 of the Constitution of India seeking a direction to the court below to decide the Tribunal Appeal No. 51/13 of 2023, Kamla Devi vs. Jitendra Kumar & Another, filed by the petitioner under Section 16 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (for short “the Act 2007”).
3. It is the case of the petitioner that respondent no.2 and respondent no.3 are son and daughter-in-law of the petitioner, respectively. Petitioner moved an application under Section 5 of the Act, 2007 in the court of Prescribed Authority/SDM, Jaspur, District Udham Singh Nagar which was registered as Misc. Case No. 23 of 2022, Kamla Devi vs. Jitendra Kumar & another for maintenance from respondent nos.2 & 3. The said application of the petitioner was rejected vide order dated 19.07.2023. Feeling aggrieved, petitioner has moved an appeal under Section 16 of the Act, 2007 before the Tribunal constituted under the District Magistrate, Udham Singh Nagar, which is registered as Tribunal Appeal No. 51/13 of 2023, Kamla Devi vs. Jitendra Kumar & another. The appeal of the petitioner was preferred on 17.08.2023, but till date, the appeal has not been decided by learned Appellate Tribunal/District Magistrate, Udham Singh Nagar.
4. Learned Senior Advocate appearing for the petitioner has drawn the attention of this Court to Section 16 (6) of the Act, 2007 and submits that it is mandatory under the law that the appeal shall be decided within a period of one month from the date of receipt of the appeal.
5. Section 16 (6) of the Act, 2007 is quoted hereinbelow:-
“16. Appeals.-
(1)……………………
(2)……………………..
(3)……………………..
(4)……………………..
(5)……………………..
(6) The Appellate Tribunal shall make an endeavour to pronounce its order in writing within one month of the receipt of an appeal.”
6. Having considered the submissions of learned counsel for the parties and having gone through the above Section, there is no manner of doubt in the mind of this Court that the Appellate Tribunal shall make all endeavours to decide the appeal within one month from the date of receipt of the appeal. In the case in hand, the appeal has been received in the office of the Appellate Tribunal on 17.08.2023 and till date, it is still undecided.
7. Accordingly, the writ petition is allowed. The learned Appellate Tribunal/District Magistrate, Udham Singh Nagar is hereby directed to decide the Tribunal Appeal No. 51/13 of 2023, Kamla Devi vs. Jitendra Kumar & another, within a period of one month from today.
8. Let a certified copy of this order be issued to the parties today itself.
9. Pending application, if any, stands disposed of accordingly.
