NAYANA SUDHIR SHAH Vs. SUDHIR PREMJI SHAH

JUDGEMENT

(1.) The present Petition under Article 227 of the Constitution of India, takes an exception to the Order dated 31 st January, 2017 passed by the Maintenance Officer and Assistant Commissioner Social Welfare, Mumbai City (Appellate Authority) under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, "the Said Act"), the Respondent No.2 herein, dismissing the Appeal No.277/2016-2017 preferred by the Petitioners under Section 16 of the said Act and confirming the Order dated 12 th August 2016 passed by the Deputy Collector and Presiding Officer, Tribunal for Maintenance Of Parents and Senior Citizens, Mumbai City, i.e. Respondent No.3 herein.

(2.) Heard Mr. Dhakephalkar, learned Senior Counsel for the Petitioners, Mr. Thatte, learned counsel for the Respondent No.1 and Ms. Bane, learned AGP for the Respondent Nos.2 and 3. Perused the entire record annexed to the Petition.

(3.) The Petitioner No.1 is the wife of the Respondent No.1. The Petitioner Nos. 2 and 3 are the major children of the Petitioner No.1 and the Respondent No.1. The record indicates that, the Petitioner No.1 wife along with major children i.e. Petitioner Nos. 2 and 3 are on one side, whereas the Respondent No.1 husband is on the other side, in the litigation. The subject matter of the present Petition comprises of three properties, namely-