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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Kamla Devi – Appellant
Versus
State of Uttarakhand – Respondent
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. Th
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.
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.
The term 'relative' under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 includes daughter-in-law, allowing her to file an appeal against Tribunal orders.
The term 'relative' under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 includes daughter-in-law, allowing her to appeal against Tribunal orders.
The appellate authority cannot refuse to accept the appeal, and the merits of the appeal are to be independently decided by the appellate authority.
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 appellate authority must dispose of appeals filed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within 30 days, providing parties an opportunity to be heard.
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