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Delhi HC dismisses appeal against maintenance awarded to elderly mother

The single bench presided by Justice Pratibha M Singh was hearing an appeal challenging the order of the Tribunal which had directed the petitioners to pay a monthly maintenance of Rs.5,000/- each to their mother as monthly maintenance

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The Delhi High Court has held that Section 16(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is valid, but must be read to provide for the right of appeal to any of the affected parties.

The single-judge bench presided by Justice Pratibha M. Singh was hearing an appeal challenging the order of the Tribunal which had directed the petitioners to pay a monthly maintenance of Rs 5,000 each to their mother as monthly maintenance.

The bench while dismissing the appeal allowed the petitioners to approach the Appellate Tribunal constituted under the Act to raise any challenge against the impugned order  and observed that  “anyone aggrieved by an order passed by the Tribunal should be allowed to approach the Appellate Tribunal.”

The  Counsel for the Petitioners submitted that their mother already had sufficient income on her own and hence, the award of the said maintenance was not in terms of the provisions of the Act.

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The Court however relied on an earlier order passed by the Court on January 6, 2021 in Amit Kumar v. Kiran Sharma & Anr.  where it was observed under:

“Section 16 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter, “Act”) provides for an appellate remedy against an order of the tribunal. However, as per the text of the provision, any senior citizen or parent must prefer such an appeal within sixty days.”

The Court also concurred with the interpretation given to Section 16 of the Act by the Punjab and Haryana High Court that the Appellate Tribunal, having been constituted under the Act, anyone aggrieved by an order passed by the Tribunal should be allowed to approach the Appellate Tribunal.

maintenance

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