Delhi High Court
Smt Kartari Devi vs Sh. Vinod Kumar And Ors. on 12 May, 2023
Neutral Citation Number 2023:DHC:3406
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 12.05.2023
+ CM(M) 789/2023
SMT KARTARI DEVI ..... Petitioner
versus
SH. VINOD KUMAR AND ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. C S Rathour, Advocate.
For the Respondents : None.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 24686/2023 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 789/2023
3. Petitioner seeks intervention by this Court for certain directions to
the Appellate Authority namely, the Divisional Commissioner under the
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
(hereinafter referred to as "the Act") for early disposal of the appeal,
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Neutral Citation Number 2023:DHC:3406
filed by the petitioner.
4. Mr. Rathour, learned counsel appearing for the petitioner submits
that as per the provisions of Sub-Section 6 of Section 16 of the Act, the
Appellate Tribunal is to make an endeavor to pronounce its order in
writing within one month of the receipt of the said appeal.
5. Mr. Rathour, learned counsel submits that though the appeal is
against the order of the SDM was filed on 12.01.2023 and listed for the
first time on 17.02.2023, the Appellate Tribunal has fixed the date of
hearing now on 28.06.2023.
6. Learned counsel submits that the mandate of Sub-Section 6 of
Section 16 of the Act would be rendered negatory in case the appeals are
not decided within the timelines specified therein.
7. This Court has considered the submissions of Mr. Rathour,
learned counsel for the petitioner, as also perused the pleadings of the
petition along with the provisions of Sub-Section 6 of Section 16 of the
Act.
8. No doubt that the Sub-Section 6 of Section 16 of the Act, places
an obligation upon the Appellate Tribunal to pronounce its order in
writing within one month of the receipt of the appeal, the Appellate
Tribunal should make all efforts to ensure that the said provision is
implemented in its true spirit to the extent it is practical.
9. It is not far to see, as to why such a provision was inserted by the
Legislature. The preamble of the Act itself makes it clear that the said
Act is only for the purposes of ensuring that senior citizens and parents,
who may be in a vulnerable age and stage of their lives, are not
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unnecessarily deprived of their shelter. In all probability it is with the
aforesaid and above noble cause that the aforesaid Act containing
benevolent provisions was promulgated.
10. In view of the aforesaid conclusion, this Court deems it
appropriate to request the Appellate Tribunal to take up the appeal as
soon as practically possible and dispose of the same in accordance with
the provisions of Section 16 of the Act, preferably within next three
months from today.
11. With the aforesaid, the present petition is disposed of with no
order as to costs.
TUSHAR RAO GEDELA, J.
MAY 12, 2023
nd
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Signing Date:17.05.2023
13:22:14
