Shri. Sambhaji Balkrishna Zambre v. Smt. Chaya Balkrishna Zambre

7-WP-10021-2023.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL WRIT PETITION NO. 10021 OF 2023 Sambhaji Balkrishna Zambre ... Petitioner VASANT ANANDRAO IDHOL Date: 2025.01.22 14:58:48 +0530

Versus

Chaya Balkrishna Zambre ... Respondent Mr.Prashant V. Bhavake for the Petitioner.

Adv.Maitreyee Garade i/b Mr.Ajinkya Udane for the Respondent. CORAM : MANGESH S. PATIL,J.

DATED : 21.01.2025 ORDER :- 1.

Considering the fact that the petitioner is the son of the Respondent and has preferred Writ Petition, in all probabilities in the light of phraseology in the appeal provision contained in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short "the Act").

2.

Learned advocate for the petitioner fairly concedes that the division bench in the matter of Jagdish Pitambar Pawar vs. Pitamber Pundlik Pawar & Ors. in Writ Petition No.36 of 2023, delivered on 29.11.2023, has interpreted this provision by reading it down to the effect that it also includes the person against whom an order is

7-WP-10021-2023.doc passed under the Act i.e. the children.

3.

In the light of above state of affairs, the Writ Petition is disposed of by granting liberty to the petitioner to resort to the appeal. The Appellate Authority shall consider Section 14 of the Limitation Act, 1963, provided the appeal is preferred within a period of three weeks from today.

(MANGESH S. PATIL, J.)