Sukhinder Kaur vs State Of Punjab And Ors
2023 Latest Caselaw 16310 P&H

                                                   Neutral Citation No:=2023:PHHC:123716




CWP-6631-2019(O&M)                      1            2023:PHHC:123716

       IN THE HIGH COURT OF PUNJAB & HARYANA AT
                     CHANDIGARH
                                       ***

CWP-6631-2019(O&M) Date of decision : 20.09.2023

Sukhinder Kaur ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present: Mr.Loveneet Thakur, Advocate for the petitioner.

Mr.Ferry Sofat, Addl.A.G. Punjab for respondents no.1 and 2.

Mr. Sandeep Khunger, Advocate, Mr.Saksham Khunger, Advocate and Ms.Tanya Trehan, Advocate for respondents no.3 to 5.

Respondent no.8 in person.

VIKAS BAHL, J.(ORAL)

1. This is a civil writ petition filed under Articles 226/227 of the

Constitution of India for issuance of an appropriate writ, order or direction

quashing the order dated 24.09.2018 (Annexure P-5/T) vide which the

application filed by the petitioner's husband against respondents no.3 to 6

under Sections 21, 22 and 23 of the Maintenance and Welfare of Parents

and Senior Citizens Act, 2007 (hereinafter referred to as "Act 2007") has

been dismissed.

2. Learned counsel appearing for respondents no.3 to 5 has

submitted that in the present case, the order has been passed by the Sub

Divisional Magistrate-cum-Presiding Officer under Maintenance and

Welfare of Parents and Senior Citizens Act, 2007, Bathinda and against the

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Neutral Citation No:=2023:PHHC:123716

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same, an appeal lies under Section 16 of the Act 2007, as per the judgment

of the Hon'ble Division Bench of this Court in Paramjit Kumar Saroya Vs.

Union of India and another, reported as 2016(3) RCR (Civil) 146.

3. Learned counsel for the petitioner, in view of the above, seeks

to withdraw the present petition with liberty to file a statutory appeal under

the Act 2007.

4. In view of the statement made by learned counsel for the

petitioner, the present petition is dismissed as withdrawn with the aforesaid

liberty.

(VIKAS BAHL) JUDGE

September 20, 2023 Davinder Kumar

Whether speaking / reasoned Yes/No Whether reportable Yes/No

Neutral Citation No:=2023:PHHC:123716

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