The Single Bench of the Delhi High Court in the case of Smt. Kartari Devi vs Sh. Vinod Kumar & Ors. consisting of Justice Tushar Rao Gedela held that Sub-Section 6 of Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 places an obligation upon the Appellate Tribunal to pronounce its order in writing within one month of the receipt of the appeal.
Facts:
The petitioner asked this Court to get involved and give specific instructions to the Divisional Commissioner under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as “the Act”) so that the petitioner’s appeal could be resolved quickly.
Contentions Made:
The Petitioner argued that in accordance with the terms of Sub-Section 6 of Section 16 of the Act, the Appellate Tribunal was required to try to provide its order in writing within a month of receiving the relevant appeal. It was further argued that despite the appeal being against the SDM's ruling having been submitted on January 12, 2023, and first listed on February 17, 2023, the Appellate Tribunal set the date of hearing as June 28, 2023. Furthermore, it was argued that if the appeals were not resolved within the timeframes stated there, the mandate of Sub-Section 6 of Section 16 of the Act would be considered null and void.
Observations of the Court:
In addition to reviewing Sub-Section 6 of Section 16 of the Act, the Bench also took the arguments into account. It was noted that this provision requires the appellate tribunal to issue its ruling in writing within a month of receiving the appeal and that the tribunal must use all reasonable means to ensure that the provision is carried out in its entirety, to the feasible extent. The preamble of the Act explicitly states that the Act’s sole objective is to prevent seniors and parents, who may be at a vulnerable age and stage of life, from being unnecessarily deprived of their shelter.
Judgment:
The Bench ordered that it was appropriate to ask the Appellate Tribunal to hear the appeal as soon as was reasonably practical and to decide it in accordance with Section 16 of the Act, preferably within the following three months of the day of judgment.
Case: Smt. Kartari Devi vs Sh. Vinod Kumar & Ors.
Citation: CM(M) 789/2023
Bench: Hon’ble Mr. Justice Tushar Rao Gedela
For Petitioner: Mr. C S Rathour, Adv.
For Respondents: None.
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