Smt. Anjum Parveen W/O. Abdul Rauf v. Smt. Shaikh Malika Wd/O Shaikh Maohjam

1 39 wp 5230-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5230/2024 Smt. Anjum Parveen w/o Abdul Rauf Vs.

Smt. Malika wd/o Shaikh Maohjan - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Rohan Bhishikar, Advocate for petitioner Shri A.M. Chandekar, Advocate a/w Shri S.N. Singh, Advocate for respondent CORAM :

SMT. M.S. JAWALKAR, J.

DATED : 30/01/2025 Heard learned Counsel for both the parties.

2.

It appears that the petitioner/daughter-in-law filed appeal before the Appellate Authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. However, she is unable to say whether it is withdrawn or pending. In view of the endorsement, it appears that in the appeal, there is endorsement of receipt of appeal by the District Magistrate to the Appellate Authority. It is the contention of the petitioner that appeal would lie in view of Section 16 only at the instance of parents. 3.

However, learned Counsel for respondents placed reliance on judgment in the case of Jagdish Pitamber Pawar Vs. Pitamber Pundalik Pawar and ors. in Writ Petition No.36/2023 dated 29.11.2023, of this Court Bench at Aurangabad, wherein there is

2 39 wp 5230-2024 reference of bill pending before the parliament, there is proposed amendment of Section 16 to the effect that the right of appeal is made available even to the children or relatives.

4.

Both the parties are at liberty to convince the Appellate Authority about entitlement. As such, petition is dismissed.

5.

The learned Counsel for petitioner to take appropriate steps to proceed with the appeal. 6.

The learned Appellate Tribunal is hereby directed not to entertain the appeal till 50% of arrears are cleared by the appellant within four weeks. JUDGE R.S. Sahare