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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIVEK RUSIA, BINOD KUMAR DWIVEDI
Shanti Bai Jarwal – Appellant
Versus
Manju Kunare – Respondent
ORDER :
Vivek Rusia, J.
1. The present writ petition has been filed under Article 226 of the Constitution of India by the petitioner, a senior citizen aged about 89 years, widow of Late Suvalal Jarwal, residing at House No. 304, Ward No. 24, Sheelnath Camp, Kulkarni ka Bhatta, Indore.
FACTS OF THE CASE ARE AS FOLLOWS:-
F-2. The petitioner, who is a senior citizen as well as a parent, is assailing the legality, propriety and jurisdictional competence of the order dated 13.12.2024 passed by the Additional Collector, Indore / respondent No. 3, whereby the said order, the appellate authority has allowed an appeal filed by Smt. Manju Kunare / respondent No. 1 ( daughter) under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the Senior Citizens Act,2007) and thereby set aside the order dated 23.09.2024 passed by the Sub-Divisional Officer, Malharganj / respondent No.4 under Rule 19 of the Madhya Pradesh Maintenance and Welfare of Parents and Senior Citizen Rules, 2009 (hereinafter referred to as the M.P. Senior Citizen Rules, 2009).
F-3. This writ petition came before the Division Bench by way of reference to answer the following
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 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.
Point of law : To save a statute from being held ultra vires, the Court always has a power to read down a statutory provision. However, it is not permissible for the Court to add something to the sta....
The right of appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act is exclusively granted to senior citizens or parents, excluding transferees.
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 right of appeal is a creature of a statute, and no right of appeal inheres in any person unless expressly conferred by the statute.
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