[Draft] Allahabad High Court

The Allahabad High Court recently held that against any order under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007, the right to appeal under Section 16(1) of the Act is available not only to the senior citizen and parents but also to the children, relative, or the other person too.

Court said that

Section 16(1) reads, "Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal.....". From a bare reading of the provision it appears that the right to appeal under the Act is only attributed to the senior citizen and the parents though, as per the provisions of Section 5 of Act, 2007, the order may be passed against the children, relatives or any other person also.

Taking note of this anomaly, Court held, "Maintenance has to be given by some person or institute or a juristic person and if such a maintenance is been granted, some person must be affected and thus, non-mentioning of the words in Section 16(1) is not a casus omissus, but it seems an accidental omission."