Maintenance orders under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, must be enforced through formal execution proceedings (such as an execution petition under the CPC) rather than mere representations to the authority.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, Order or direction more particularly one in the nature of 'Writ of Mandamus' directing Respondent No.3 to forthwith implement the order dated 20.11.2024 in R.C.A. No. 411/2024 passed by the Divisional Tribunal Officer and Revenue Divisional Officer, Tiruvuru, to take coercive action against Respondent No.4 for recovery of arrears of maintenance and for continued default under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in accordance with law and Pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct Respondent No.4 to pay monthly maintenance of Rs.10,000/- regularly and clear all arrears forthwith pending disposal of the writ petition, and pass

Counsel for the Petitioner:

1. K V ADITYA CHOWDARY

Counsel for the Respondent(S):

1. GP FOR WOMEN DEV CHILD WELFARE

The Court made the following:

ORDER:-

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus directing Respondent No.3 to forthwith implement the order dated 20.11.2024 in R.C.A.No.411/2024 passed by the Divisional Tribunal Officer and Revenue Divisional Officer, Tiruvuru to take coercive action against Respondent No.4 for recovery of arrears of maintenance and for continued default under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in accordance with law and pass such other order or orders….”

Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

The case of the petitioner is that the petitioner herein is a senior citizen and submitted an application under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short “the Act 56 of 2007”) before the respondent No.3. Considering the said application, the respondent No.3 passed an order dated 20.11.2024, which reads as follows:

Heard the case and upon taking into consideration of the pleading and oral evidences adduced before me, it is hereby ordered:

a) Sri Pidaparthi Peda Pullareddy S/o (late) Venkata Reddy (respondent) is hereby directed to handed over one room immediately in the house i.e., which is previously living the room of petitioner.

b) Sri Pidaparthi Peda Pullareddy S/o (late) Venkata Reddy (respondent) is hereby directed to pay a monthly maintenance of Rs.10,000/- (Rupees Ten Thousand ) to the petitioner from this month and credit into her individual bank account before 15th of every month without fail.

The above said amount shall be credited to the respective account before 15th of every month, failing which, necessary action will be taken under Section XI(2) of Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Learned counsel for the petitioner submits that even though the respondent No.3 passed an order dated 20.11.2024, till date, the respondent No.4 has not been complied with the same and not paid maintenance as directed. Non compliance of the orders by respondent No.4 was complained by the petitioner before the respondent No.3 vide a representation dated 29.12.2025. Even after receipt of said representation, the respondent No.3 not taken any steps for implementation of his own order dated 20.11.2024. Hence, the Writ Petition.

On the other hand, learned Government Pleader for the respondents submits that the order dated 20.11.2024 passed by the respondent No.3 should be implemented a