SIMARJIT KAUR Vs. DISTRICT MAGISTRATE CUM APPELLATE TRIBUNAL

JUDGEMENT

(1.) Through the instant writ petition, the petitioner seeks to set aside the order dtd. 7/1/2025, whereby the Maintenance Tribunal, while declining the petitioner's prayer for cancellation of the transfer deed in question, directed respondent No.3 (the petitioner's brother and beneficiary of the transfer deed) to pay a monthly maintenance allowance of Rs.10,000.00 to the petitioner, to be paid by the 5th day of each succeeding month according to the English calendar. The petitioner also seeks to set aside the order dtd. 12/8/2025, whereby the Appellate Tribunal dismissed her appeal against the order dtd. 7/1/2025.

(2.) Concisely and compendiously, the petitioner filed an application under Ss. 4, 5, and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ("the Act of 2007") before the Maintenance Tribunal, seeking cancellation of the transfer deed dtd. 10/10/2016, executed by her in favour of her real brother/respondent No.3, in respect of land measuring 18 Kanals and 10 Marlas. The petitioner alleged that following execution of the transfer deed, respondent No. 3 refused to maintain her and subjected her to neglect, resulting in her facing hardship due to lack of funds for basic sustenance.

(3.) The respondent, however, expressed willingness to provide care and maintenance to the petitioner, and accordingly, the Maintenance Tribunal, by its order dtd. 7/1/2025, instead of cancelling the transfer deed, directed respondent No. 3 to pay a monthly maintenance allowance of Rs.10,000.00. Since the petitioner's application did not reap the desired fruits, she filed an appeal before the Appellate Tribunal, however, she remained unsuccessful there too, as her appeal was dismissed vide order dtd. 12/8/2025.