Manish Dubey S/O Rajkumar Dubey vs Rajkumar Dubey S/O Late Shri Rudal
2023 Latest Caselaw 3377 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 689/2021

1.     Manish Dubey S/o Rajkumar Dubey, Aged About 31 Years,
       R/o Plot No. 112, Suman Vihar, Heerapura Power House
       Ajmer Road, Jaipur
2.     Nisha Dubey W/o Shri Manish Dubey, Aged About 29
       Years, R/o Plot No. 112, Sumanvihar, Heerapura Power
       House Ajmer Road, Jaipur
                                                                  ----Petitioners
                                   Versus
1.     Rajkumar Dubey S/o Late Shri Rudal, Aged About 61
       Years, R/o Plot No. 112, Sumanvihar, Heerapura Power
       House Ajmer Road, Jaipur
2.     Smt. Chandrakanta W/o Shri Rajkumar, Aged About 56
       Years, R/o Plot No. 112, Sumanvihar, Heerapura Power
       House Ajmer Road, Jaipur
                                                                ----Respondents

For Petitioner(s) : Mr. Neeraj Kumar Sharma on behalf of Mr. Govind Sharma For Respondent(s) : None present

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

10/08/2023

The present writ petition has been filed against the order

dated 22.07.2019 passed by Sub-Divisional Magistrate, Jaipur-II

(Sanganer) Jaipur in case No.2/2019.

This Court vide judgment dated 01.05.2023 in S.B. Civil Writ

Petition No.11941/2021 (Maya Devi Vs. Vishweshwar Dayal & Anr.)

and other connected matters, has held that appeal against the

order of Maintenance Tribunal is maintained under Section 16(1)

(2 of 2) [CW-689/2021]

of the Maintenance and Welfare of Parent & Senior Citizen Act,

2007, even at the instance of children or relative.

In view of the proportion and the case of Maya Devi (supra),

the present writ petition is disposed of with liberty to the

petitioner to prefer an appeal before the Appellate Authority

under Section 16(1) of the Maintenance and Welfare of Parent &

Senior Citizen Act, 2007 within four weeks from today and the

same shall be considered by the Appellate Authority on merits.

Hence, the present writ petition is disposed of and the

pending application, if any, stands disposed of.

(GANESH RAM MEENA),J

Seema/282

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