[2025:RJ-JP:18539] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5093/2025 1. Manoj Kumar, Son Of Shri Tarachand Meena 2. Kusum Meena Wife Of Shri Manoj Kumar Meena, Residents Of Plot No. 41, Karni Nagar, Near Tara Nagar-B, Jhotwara, Jaipur. ----Petitioners Versus Santosh Devi Wife Of Late Shri Tarachand Meena, Aged About 68 Years, Resident Of Plot No.41, Karni Nagar, Near Tara Nagar-B, Jhotwara, Jaipur. ----Respondent For Petitioner(s) : Mr. Gopal Gupta For Respondent(s) : ---- HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 01/05/2025 The instant writ petition has been filed on behalf of the petitioners/non-applicants assailing the order dated dated 28.02.2025 passed by learned Sub Divisional Magistrate, Jaipur City (South) whereby the application under Section 5 read with Section 22(2) of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (for short, ‘the Act of 2007’) filed by the respondent-applicant, has been allowed and petitioners/non- applicants have been directed to take care of applicant Santosh Devi (who is mother of petitioner No.1 and mother-in-law of petitioner No.2) and pay her Rs.10,000/- per month. Instead of challenging the aforesaid order dated 28.02.2025 in appeal under Section 16(1) of the Act of 2007, petitioners have [2025:RJ-JP:18539] (2 of 2) [CW-5093/2025] directly filed this writ petition before this Court. There lies an appeal under Section 16(1) of the Act of 2007 against such order, if the same is filed by the children or relatives. In the case of Maya Devi and Ors. Vs. Vishweshwar Dayal and Ors (S.B. Civil Writ Petition Nos.11941/2021, decided on 01.05.2023) reported in MANU/RH/0565/2023, it has been held that the appeal under Section 16(1) of the Act of 2007 is maintainable if the same is filed by the children or relatives. The judgment dated 01.05.2023 passed in the case of Maya Devi (supra) has already been upheld by Hon’ble Division Bench of this Court in the case Kamaljeet Singh Vs. Ummed Singh Poonia and Anr. (D.B. Special Appeal (Writ) No.471/2023, decided on 26.05.2023). Accordingly, this writ petition is disposed of with liberty to the petitioners to challenge the impugned order by filing appeal under Section 16 (1) of the Act of 2007 before the concerned appellate authority within one month from the date of filing certified copy of this order. If the petitioners file an appeal within one month from receiving certified copy of this order, the same should be treated to be filed within period of limitation. Upon filing such appeal, the learned appellate authority is requested to decide the appeal expeditiously in accordance with law after providing due opportunity of hearing to all the parties. Stay application and all application(s) (pending, if any) also stand disposed of. (ANIL KUMAR UPMAN),J CHARU SONI /50