Court Confirms Exclusive Right to Appeal for Senior Citizens Under 2007 Act, Dismisses Son's Appeal for Lack of Jurisdiction
In a significant judgment, the Orissa High Court, under the stewardship of Justice A.C. Behera, has quashed an appeal filed by Rajendra Das, son of senior citizen Parbati Das, challenging an order of maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court ruled that the right to appeal under Section 16 of the Act is exclusively available to senior citizens or parents and not to their children or relatives.
The case arose from a petition filed by Parbati Das, an 83-year-old widow and mother of the respondents, who was denied shelter and maintenance by her sons. The initial order, passed by the Sub-Collector of Balasore, directed her sons to provide accommodation and a monthly maintenance of Rs. 5,000. Dissatisfied with this decision, Rajendra Das filed an appeal, which was later remitted by the Collector for a fresh enquiry.
Justice Behera emphasized the beneficial nature of the 2007 Act, highlighting its purpose to ensure social justice and protection for senior citizens. The court reaffirmed that appeals under Section 16 are meant solely for aggrieved senior citizens or parents, thereby rendering the son's appeal non-maintainable.
The judgment underscores the judiciary's commitment to upholding the dignity and welfare of senior citizens, reinforcing their rights under the Act. It serves as a reminder that statutory provisions must be interpreted to fulfill their intended purpose, ensuring the protection and sustenance of the elderly.
Bottom Line:
The right to appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is exclusively available to senior citizens or parents aggrieved by the order of the tribunal, and not to any other individual, including children or relatives.
Statutory provision(s): Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16
Parbati Das v. Collector, Balasore, (Orissa) : Law Finder Doc id # 2874952
