SARASWATI GIRI AND ANR v. STATE OF WEST BENGAL AND ORS.
WPA/10259/2026 · 2026-07-31
Krishna Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 31639 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 31639 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S/L 5
31.07.2026 Court. No. 25
suvayan WPA 10259 of 2026
Smt. Saraswati Giri & Anr. Vs. The State of West Bengal & Ors. Mr. Subhajit Mukherjee
Mr. Swakshar Kumar Mondal …for the petitioners. Mrs. Sudipa Banerjee
Mr. Bhaswar Bhattacharyya
…for the State. Mr. Pronojit Roy
Mr. Ashutosh Mandal …for the respondent no. 6. 1. The petitioners have filed the present writ application praying for a direction upon the Tribunal for expedite hearing of the application filed by the petitioners for enforcement of the order passed by the learned Tribunal that is Sub-Divisional Officer, Canning, South 24 Parganas dated July 28, 2023 as well as the appellate authority dated September 18, 2025. The petitioners are the senior citizens and are the father and the mother of the private respondent. The petitioners have made an application before the learned Tribunal for grant of maintenance. 2. Accordingly, by an order dated July 28, 2023 the learned Tribunal passed an order directing the respondent no. 6 to pay Rs. 7,000/- per month as maintenance/allowance as per the provisions of Section 9(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The learned Tribunal has directed the respondent no. 6
2 to directly transfer the account either of the parents within 10 of every month starting from August, 2023. 3. The petitioners being aggrieved with the said order have preferred an appeal before the appellate tribunal and the appellate tribunal by an order dated September 18, 2025 has modified the order by directing the respondent no. 6 to pay the maintenance amount of Rs. 10,000/- per month instead of Rs. 7,000/- as directed by the Tribunal. After the order passed by the appellate tribunal, the petitioners have preferred an application for execution of the order as the respondent no. 6 failed to pay the amount as directed by the Tribunal as well as the appellate tribunal. In spite of filing of the application for enforcement of the order of maintenance the learned Tribunal has not taken any steps, though the petitioners have made several representations to the Tribunal for considering the application filed by the petitioners for enforcement of the order. 4. Learned counsel appearing for the respondent no. 6 submits that the respondent no. 6 is residing in Andaman and he requires some time to appear before the Tribunal.
He further submits that the private respondent has filed a writ application challenging the
order passed by the Tribunal but the writ petition was dismissed for default and the private respondent filed an application for recalling of the order of dismissal but the same is pending before the Court.
5. Heard the learned counsel for the respective parties perused the materials on record.
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6. Admittedly, the learned Tribunal has passed an order dated July 28, 2023 wherein the opposite party is
directed to pay Rs. 7,000/- from the month of August,
2023. Subsequently, the order was modified by the appellate authority by an order dated September 18,
2025. Admittedly, the private respondent has not paid any amount as directed by the Tribunal or by the appellate tribunal.
7. Considering the above, the Tribunal is directed to expedite the application filed by the petitioners for enforcement of the order dated July 28, 2023 as well as the September 18, 2025 as expeditiously as possible and to dispose of the same within a period of two months from the date receipt of this order.
8. The private respondent is directed to appear before the Tribunal on August 12, 2026. It is made clear that if the private respondent failed to appear before the Tribunal on August 12, 2026, the Tribunal shall take appropriate steps for assuring the appearance of the private respondent before the Tribunal for execution of the order dated July 28, 2023 and the order passed by the appellate tribunal.
9. WPA 10259 of 2026 is disposed of.
10. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.
(Krishna Rao, J.)