Suresh Narsing Jadhav v. Shantabai Narsing Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 989 WRIT PETITION NO.5894 OF 2022 SURESH NARSING JADHAV

VERSUS

SHANTABAI NARSING JADHAV ...

Advocate for Petitioner : Mr. L.V. Sangeet Advocate for Respondent 1 : Mr. P.D. Patil ...

CORAM : ARUN R. PEDNEKER, J.

DATED : NOVEMBER 23rd, 2022.

PER COURT :

1.

The petitioner is son of respondent No. 1 and he is challenging the order dated 26.7.2021 passed by the Sub Divisional Magistrate/Presiding Officer, Senior Citizen Maintenance Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. However, the appeal was not registered on the ground that the appeal could only be filed by the parents.

2.

This Court while relying upon the judgment of Paramjit Kumar Saroya Vs. The Union of India, reported in AIR 2014 Punjab and Haryana 121 held that the appeal appeal can be filed by any aggrieved person under the said Act. Thus, this writ petition is allowed. The order passed by the Appellate Tribunal dated 20th September, 2021 refusing to register the appeal is set aside and parties are relegated to the appellate authority. The petitioner can appear before the appellate authority on 19.12.2022. [ARUN R. PEDNEKER J.] ssc/