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High Court of DelhiW.P.(C)/1491/2017

Anupam Khanna v. Shri Raj Mohan Khanna

2019-07-25Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1491/2017 & CM APPL. 6819/2017 ANUPAM KHANNA ..... Petitioner Through Petitioner in person.

versus SHRI RAJ MOHAN KHANNA ..... Respondent Through Mr Naveen Kumar, Mr Meenakshi Jha, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 25.07.2019 1.

The petitioner has filed the present petition impugning an order dated 30.09.2016 passed by the Maintenance Tribunal, constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 2.

This Court had considered the present petition and on 04.12.2018 had expressed its prima facie view that the contentions advanced by the petitioner had not been taken into account, and therefore the matter requires to be remanded.

3.

After some arguments, the learned counsel appearing for the respondent states that the petitioner has already filed an application seeking review of the impugned order dated 30.09.2016. He further concurs that the impugned order be set aside and the matter be remanded to the Maintenance Tribunal for consideration afresh.

4.

In view of the above, the present petition is allowed and the impugned order is set aside. The matter is remanded to the Maintenance Tribunal for consideration afresh.

5.

It is also clarified that the Maintenance Tribunal shall consider the matter uninfluenced by any observations of this Court in any order. The Maintenance Tribunal is also requested to dispose of the petition as expeditiously as possible and preferably within a period of two months from today.

6.

The petition is disposed of. The pending application is also disposed of.

VIBHU BAKHRU, J JULY 25, 2019 pkv