[2025:RJ-JP:17197] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17894/2024 Mohan Lal S/o Bhanwarlal, Aged About 52 Years, Resident Of Haripura Urf Nayagaun, Tehsil Digod District Kota. ----Petitioner Versus Bhanwarlal S/o Surajmal Ji, Resident Of Haripura Urf Nayagaun Tehsil Digod District Kota Presently Resident Of Village Theekariya, Tehsil Anta District Baran. ----Respondent For Petitioner(s) : Mr. Raghuvendra Pal Singh, Adv. For Respondent(s) : -- HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/04/2025 The instant writ petition has been filed on behalf of the petitioner/non-applicant assailing the order dated dated 20.09.2022 passed by learned Sub Division Officer and Presiding Officer, Maintenance Tribunal, Digod whereby the application under Sections 9 & 13 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 petitioner/non- applicant has been directed to take care of his father Bhanwarlal (applicant) and pay him Rs.5,000/- per month. Instead of challenging the aforesaid order dated 20.09.2022 in appeal under Section 16(1) of the Act of 2007, the petitioner has 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 [2025:RJ-JP:17197] (2 of 2) [CW-17894/2024] 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 petitioner 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 petitioner files 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 MADAN/59