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High Court of DelhiW.P.(C)/4532/2026

Smt Adarsh Sharma v. District Magistrate, District North West And ORS

2026-04-07Hon'Ble Mr. Justice Purushaindra Kumar Kaurav2 pages

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4532/2026, CM APPL. 22134/2026 & CM APPL. 22135/2026 SMT ADARSH SHARMA .....Petitioner Through:

Mr Sahib Gurdeep Singh, Adv.

versus DISTRICT MAGISTRATE, DISTRICT NORTH WEST AND ORS .....Respondents Through:

Mr Lalltaksh Joshi Advocate, Ms Minu Kumari Adv, GNCTD for R-1.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 07.04.2026 1.

The petitioner seeks to challenge the order dated 01.12.2025 and 23.03.2026. The essential grievance is against the interim order dated 01.12.2025 passed by the District Magistrate in purported exercise of the powers vested under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rules made thereunder. The second order is the consequential action.

2.

The petitioner has a remedy to challenge the interim order dated 01.12.2025 before the Divisional Commissioner. If the petitioner does so, there is no reason as to why the petitioner's appeal should not be decided on its merits.

3.

So far as the interim directions are concerned, even such a prayer can The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 13:09:40

also be dealt with by the concerned appellate authority. 4.

The Court thus finds that the petitioner should have approached the Divisional Commissioner by way of an appeal. The petition is, therefore, dismissed, granting liberty to the petitioner to approach the concerned appellate authority.

5.

Let the petitioner to also file an application seeking condonation of delay if in the meantime, the limitation has expired. If the petitioner does so, let the application be dealt with keeping in mind various facts and circumstances, which have emerged before the Court. 6.

If the petitioner takes recourse of filing an appeal, within seven working days, along with an application seeking interim protection, let the concerned appellate authority to deal with at least the interim arrangement as on early date.

7.

With these observations, the petition stands disposed of. 8.

All right and contentions of the parties are left open. PURUSHAINDRA KUMAR KAURAV, J APRIL 7, 2026/P The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 13:09:40