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High Court of DelhiW.P.(C)/7172/2019

Arun Mishra & ANR v. Sarojini Devi & ANR

2019-07-08Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7172/2019 ARUN MISHRA & ANR ..... Petitioners Through:

Mr Satender Saten Verma with Mr Rahul Verma, Advocates.

versus SAROJINI DEVI & ANR ..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 08.07.2019 CM No.29852/2019 1.

Allowed, subject to all just exceptions.

W.P.(C) 7172/2019 & CM No.29851/2019 2.

The petitioners have filed the present petition, inter alia, praying that the proceedings initiated before the District Magistrate by respondent no.1 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Rules made thereunder, be quashed. It is the petitioner's contention that the District Magistrate has no jurisdiction to entertain the complaint (captioned Smt. Sarojini Devi v. Shri Arun Mishra & Others: Case ID 21118) filed by respondent no. 1 captioned as a Civil Suit, pending between the parties.

3.

The present petition is premature as it is seen that the District Magistrate has not passed any order on the said complaint. He is yet to take

a view on the rival contentions. The parties are not precluded from urging their respective contentions before him.

4.

In view of the above, this Court finds no reason to entertain the present petition. The same is dismissed.

5.

The pending application also stands disposed of. VIBHU BAKHRU, J JULY 08, 2019 MK