KAMLA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The writ petition has been filed by the petitioner under Article 227 of the Constitution of India seeking a direction to the court below to decide the Tribunal Appeal No.51/13 of 2023, Kamla Devi vs. Jitendra Kumar and Another, filed by the petitioner under Sec. 16 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (for short 'the Act, 2007').

(3.) It is the case of the petitioner that respondent no.2 and respondent no.3 are son and daughter-in-law of the petitioner, respectively. Petitioner moved an application under Sec. 5 of the Act, 2007 in the court of Prescribed Authority/SDM, Jaspur, District Udham Singh Nagar which was registered as Misc. Case No.23 of 2022, Kamla Devi vs. Jitendra Kumar and another for maintenance from respondent nos.2 and 3. The said application of the petitioner was rejected vide order dtd. 19/7/2023. Feeling aggrieved, petitioner has moved an appeal under Sec. 16 of the Act, 2007 before the Tribunal constituted under the District Magistrate, Udham Singh Nagar, which is registered as Tribunal Appeal No.51/13 of 2023, Kamla Devi vs. Jitendra Kumar and another. The appeal of the petitioner was preferred on 17/8/2023, but till date, the appeal has not been decided by learned Appellate Tribunal/District Magistrate, Udham Singh Nagar.