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PUSHPENDRA SINGH BHATI
Ashok Kumar Joshi S/o Achlaram Bhargava Joshi – Appellant
Versus
Achlaram Bhargava Joshi S/o Late Mancharam Bhargava – Respondent
Headnote: Read headnote
JUDGMENT
The lawyers are abstaining from the work due to strike.
2. Though the matter came up for consideration on the Civil Misc. IV Stay Application (No.3772/2023), however, with the consent of the parties present in person before this Court, the writ petition itself was heard and the same is being decided finally.
3. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
“Therefore; in light of facts stated, issues raised and arguments advanced; it is most humbly prayed that
(a) This writ petition may be accepted.
(b) The order dated 17.02.2021 (Annex.1) passed by the court of Maintenance Tribunal and Sub-divisional officer Jodhpur with maintenance case no.94/2018 titled as ‘Achlaram Bhargava Joshi Vs. Ashok Kumar Joshi & Anr.” may be quashed and set aside. c) The order dated 17.03.2021 (Annex.2) passed in the matter of Recalling Application no.22/2021 titled as ‘Achlaram Bhargava
Maintenance –Where senior citizen is not able to maintain himself or herself and children or relatives, as case may be, neglect or refuse to maintain them, Tribunal is empowered to order them to make....
Point of law: Legislative intent purpose behind the enactment of the Act of 2007 while laying out the procedure to be followed by a Maintenance Tribunal under the Act of 2007.
The executing court must execute final orders under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, without alteration.
The court affirmed the limited scope of certiorari jurisdiction, focusing on whether tribunals overstepped legal boundaries, while also emphasizing the need to balance maintenance obligations between....
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 Maintenance Tribunal has jurisdiction to order eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to protect senior citizens' rights, without adjudicating owners....
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.
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