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2025 DAILYLAW 73418 (PNJ)

AMARJEET KAUR v. SUB DIVISIONAL MAGISTRATE CUM MAINTENANCE TRIBUNAL BADKHAL AND ORS

CWP/22182/2021 · 2025-07-28

Harsimran Singh Sethi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

209 AMARJEET KAUR SUB DIVISIONAL MAGISTRATE CUM MAINTENANCE TRIBUNAL BADKHAL AND ORS CORAM: Present: HARSIMRAN SINGH SETHI, J. (Oral) 1. submits that the Tribunal dated 29.09.2021, copy of which has been appended as Annexure P under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the present petition may kindly be disposed of as having been not pressed any further with liberty to the petiti under the appropriate forum. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-22182 Date of Decision : 28 AMARJEET KAUR VERSUS SUB DIVISIONAL MAGISTRATE CUM MAINTENANCE TRIBUNAL BADKHAL AND ORS CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Mr. Kamal Chaudhary, Advocate for the petitioner. Mr. Saurabh Girdhar, AAG Haryana. Mr. Ram Bilas Gupta, Advocate For respondent Nos.2 and 3. *** ARSIMRAN SINGH SETHI, J. (Oral) After arguing for some time, l submits that the present petition has been filed the Tribunal dated 29.09.2021, copy of which has been appended as Annexure P-2, as there is an appellate authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the present petition may kindly be disposed of as having been not pressed any further with liberty to the petiti under the appropriate forum. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 22182-2021 (O&M) Date of Decision : 28-07-2025 ........Petitioner VERSUS SUB DIVISIONAL MAGISTRATE CUM MAINTENANCE ........Respondent(s) HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Advocate for the petitioner. Saurabh Girdhar, AAG Haryana. Mr. Ram Bilas Gupta, Advocate ARSIMRAN SINGH SETHI, J. (Oral) After arguing for some time, learned counsel for the petitioner the present petition has been filed against the order passed by the Tribunal dated 29.09.2021, copy of which has been appended as appellate authority which has been envisaged under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the present petition may kindly be disposed of as having been not pressed any further with liberty to the petitioner to avail remedy of appeal ........Respondent(s) HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI earned counsel for the petitioner against the order passed by the Tribunal dated 29.09.2021, copy of which has been appended as has been envisaged under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the present petition may kindly be disposed of as having been not er to avail remedy of appeal SAPNA GOYAL 2025.07.29 14:44 I attest to the accuracy and integrity of this document CWP-22182-2021 (O&M) -2- 2. Learned counsel for the petitioner submits that as the petitioner was availing the present remedy in the mistaken belief, the appellate authority be directed to decide the said issue on merits. 3. Learned counsel for the respondents raises no objection that the in case the appeal is preferred by the petitioner, the same be decided on merits rather than being dismissed summarily on the ground of delay. 4. Keeping in view the totality of the circumstances, it is directed that in case, the petitioner files an appeal before the appellate authority against the order passed by the Tribunal dated 29.09.2021 (Annexure P-2) within a period of 4 weeks from the receipt of copy of this order, the appellate authority is requested to decide the same on merits as expeditiously as possible by following the process as envisaged under law preferably within a period of six months from the date the same is valid after giving due opportunity of hearing to the parties concerned. 5. Pending application, if any, also stands disposed of. 28-07-2025 Sapna Goyal (HARSIMRAN SINGH SETHI) JUDGE NOTE: Whether speaking: YES Whether reportable: NO SAPNA GOYAL 2025.07.29 14:44 I attest to the accuracy and integrity of this document