LAWS(MPH)-2022-11-46

VINAY KUMAR SARASWAR Vs. STATE OF MADHYA PRADESH

Decided On November 02, 2022
Vinay Kumar Saraswar Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Since pleadings are complete, therefore, with the consent of learned counsel for the parties, the petition is heard finally.

(2.) By the instant petition filed under Article 226 of the Constitution of India, the petitioner is challenging the order dtd. 16/12/2020 (Annexure-P/1) passed by respondent No.2, whereby the said authority rejected his application preferred under Sec. 22(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short the 'Act, 2007') holding that the dispute as has been raised by the petitioner in the application is of civil nature and as such, it cannot be decided under the provisions of the Act, 2007.

(3.) To resolve the controversy involved in the case, certain important facts are required to be mentioned which are as under:-