MAMTA SARKI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A short but important question of law falls for determination in this appeal directed against the judgement and order dated 11 December, 2019 passed by a learned Single Judge in W.P.A. No. 1033 of 2019.

(2.) The question is whether Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the said Act ) confers a right of appeal against an order of the Maintenance Tribunal constituted under Section 7 of the Act only on senior citizens and parents, to the exclusion of children and relatives as defined in Section 2 of the said Act.

(3.) The appellant No. 1 is the daughter-in-law of the respondent no. 6. The appellant no. 2 is the son of the respondent no. 6. On an application made by the respondent no. 6 before the Maintenance Tribunal, an order dated November 26, 2019 was passed by the Learned Tribunal directing the writ petitioners/appellants to vacate the house belonging to the respondent no. 6. This order was challenged by the appellants before the learned Single Judge.