Archana Sunil Thakur vs Ashok Rajaram Thakur And Others
2021 Latest Caselaw 2416 Bom

                                   1              964-WP-659-2021.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     964 WRIT PETITION NO. 659 OF 2021

                        ARCHANA SUNIL THAKUR
                                 VERSUS
                ASHOK RAJARAM THAKUR AND OTHERS
                                    ......
                Advocate for Petitioner : Mr. S. S. Bora h/f
                     Mr. Shaikh Mohammad Naseer A.
               AGP for Respondent No.3 : Mr. S. P. Deshmukh
                                     .....

                                  CORAM : V. K. JADHAV, J.

DATED : 5TH FEBRUARY, 2021

PER COURT :-

1. Learned counsel for the petitioner submits that

respondent no.1 has initiated proceedings for maintenance

under Section 4 of the Maintenance and Welfare of Parents

and Senior Citizens Act, 2007 (for short, "Act of 2007") and

also for possession of the residential house. Learned counsel

submits that relations between the petitioner with her

husband (respondent no.2 herein) are strained to a

considerable extent and in consequence thereof, respondent

no.2 husband has filed H.M.P. No. 129 of 2020 for a decree

of divorce. The petitioner has also filed application under the

provisions of the Protection of Women from Domestic

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Violence Act, 2005 and the said application is still pending.

Learned counsel submits that the Sub Divisional Officer has

passed the impugned order directing respondent no.2

husband to pay maintenance, however, also directed the

petitioner herein to vacate the residential house. Learned

counsel for the petitioner submits that even though

respondent no.1 father resides in a different house, the said

prayer in the application has been made deliberately to

support the son. Learned counsel submits that the petitioner

is having a son studying in 12 th standard at present. The

petitioner has no independent source of income, nor she has

any house to reside in Bhusawal, District Jalgaon.

2. Learned counsel submits that in terms of the

provisions of Section 16 of the Act of 2007, as against the

order passed by the Sub Divisional Officer, appeal is

provided. However, in terms of Sub-section (1) of Section 16

of the Act of 2007, a senior citizen or a parent, as the case

may be, aggrieved by an order of a tribunal may prefer an

appeal to the appellate tribunal. Learned counsel submits

that there is no judgment of our High Court directly on this

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point. However, the Division Bench of the High Court of

Punjab and Haryana, in a case Paramjit Kumar Saroya and

Others v. The Union of India and Others reported in AIR

2014 P & H 121, in para 32, after interpreting the provisions

of Section 16(1) of the Act of 2007 along with the proviso,

held that even an appeal preferred by other than the senior

citizens or parents is maintainable.

3. However, keeping the point of maintainability of the

appeal open, issue notice to the respondents, returnable on

26.03.2021. Learned AGP waives notice for respondent no.3.

4. Till the next date of hearing, the order impugned is

hereby stayed to the extent of clause no. (2). Needless to say

that as a consequence thereof, clause nos. (4) and (5) would

be meaningless.

5. The Registry to issue authenticated copy of this order

to the requesting party.

( V. K. JADHAV, J. )

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