SMT. RATTAN RANI FOTEDAR (THROUGH HER DAUGHTER AND AUTHORISED REPRESENTATIVE MRS. RASHMI SHALI) v. UNION OF INDIA & ORS.
W.P.(C)/476/2022 · 2026-02-17
Purushaindra Kumar Kaurav
Writ Petition (Civil)body2022
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[ 2022 DAILYLAW 2306 (DEL) · dailylaw.ai ]
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[ 2022 DAILYLAW 2306 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 476/2022, CM APPL. 1347/2022, CM APPL. 55677/2022 & CM APPL. 50070/2023
SMT. RATTAN RANI FOTEDAR (THROUGH HER DAUGHTER AND AUTHORISED REPRESENTATIVE MRS. RASHMI SHALI)
.....Petitioner
Through: Appearance not given. versus
UNION OF INDIA & ORS. .....Respondents
Through: Ms. Khushboo Mittal, Adv. For Mr. Sameer Vashisht, SC (Civil), GNCTD. Mr. Amit Tiwari, CGSC, Ms. Ayushi Srivastava, Mr. Ayush Tanwar, Mr. Arpan Narwal, Mr. Kushagra Malik, Advs.
Mr. Ranjan Mukherjee, Mr. Balwant Singh Billowria, Mr. Sanjay Malik, Ms. Kaninika Majumder, Mr. Akash Yadav & Mr. Akshay Singh, Advs. CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R %
17.02.2026
1. The instant petition is for the following reliefs:-
“a) Issue a writ/order or direction to the Respondents to constitute the Maintenance Tribunal and the Appellate Tribunal to be headed by a legally trained person and declare Section 7 and 15 of the Act as well as Rule 3 and 16 of the Delhi Maintenance and Welfare of Parents and Senior Citizen Rules, 2010 as ultra vires to the Constitution of India being violative of principles of separation of power and compromising This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2026 at 13:15:14
the independence of judiciary. b) To pass an appropriate order directing the Respondent 4 to vacate the entire first floor of the suit property as he has no title to the same or alternatively vacate the kitchenette and restore the bedroom, store and washing area on the First Floor of the property to the Petitioner so that she can live a life of dignity. c) Pass an order directing the Tribunal to hear the matter on merits and pass reasoned and a speaking order in the Petition so filed by the Petitioner;
d) Pass any other and/or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case and in the interest of justice.”
2. A perusal of the order dated 12.01.2023 indicates that the petitioner has abandoned prayer A. The relevant extract of the said order reads as under:-
“1.
Learned Counsel for the Petitioner has stated that she is not pressing Prayer A which is in respect of the challenge to Section 7 and 15 of the Maintenance and Welfare of Parents And Senior Citizen Act, 2007as well as Rule 3 and 16 of the Delhi Maintenance and Welfare of Parents and Senior Citizen Rules, 2010. 2. In light of the aforesaid, as the issue of constitutional validity is not involved now, the matter be listed before the learned Single Judge having roster. 3. List on 19.01.2023.”
3. It is seen that the petitioner has not challenged any order of the concerned authorities and therefore, no substantive relief can be granted to her. However, she shall be at liberty to challenge any order that may be passed in her petition, in accordance with law. 4. It is also noted that the petitioner shall be at liberty to seek the condonation of delay in challenging any order, in view of the pendency of the instant writ petition. Such a request if is made, the same shall be This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2026 at 13:15:14
considered in accordance with law. 5. With the aforesaid observations, the instant petition stands disposed of along with all pending applications. PURUSHAINDRA KUMAR KAURAV, J FEBRUARY 17, 2026/ng
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2026 at 13:15:14