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2025 DAILYLAW 3864 (UTT)

ANJALI AHUJA v. SUMAN AHUJA

WPMS/817/2025 · 2025-03-12

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS 817/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Narendra Bali and Mr. Nalin Saun, Counsel for the petitioner. Mr. S.K. Posti, Senior Advocate, assisted by Mr. Vishesh Srivastava, Advocate for the caveator. (2) Petitioner is the daughter-in- law, against whom her mother-in-law (respondent no. 1) filed an application under Section 5 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The said application, filed by mother-in-law, was partly allowed. Petitioner has filed an appeal against the said order before the Appellate Tribunal/District Magistrate. By means of this writ petition, petitioner has sought the following relief: “I. Issue a writ, order or direction in appropriate in nature directing the respondent to expedite disposal of the appeal filed by the petitioner under section 16(1) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and further to direct the appellate authority to keep in abeyance the order passed by the prescribed authority on 25.02.2025 (Annexure No. 7) in Case No. 01/2023- 24 “Smt. Suman Ahuja vs. Smt. Anjali Ahuja and others” till final disposal of the appeal filed by the petitioner.” (3) Since right to appeal is available only to a senior citizen or a parent under Section 16 of the aforesaid Act, therefore, the appeal filed by the petitioner would not be maintainable. Therefore, this Court does not find any reason to issue any direction to Appellate Tribunal/District Magistrate for expeditious disposal of the said appeal. (4) Consequently, writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 12.3.2025 Pr