BALBIR KAUR Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) CM No.15794 of 2015 & CM Nos.5180-5181 of 2016 & CM No.9660 of 2016 & CM No.11104 of 2016 Applications are allowed as there is no objection.

(2.) This petition is preferred by the daughter-in-law of respondents No.3 and 4 against order dated 11.7.2014 passed by respondent No.2 and order dated 29.7.2015 passed by respondent No.1 on an application filed under Sec. 22(2) of the Welfare of Parents and Senior Citizens Act, 2007 (for short, 'the Act').

(3.) Shorn of unnecessary details, the petitioner has submitted that respondents No.3 and 4 filed an application under Sec. 22 of the Act on 3.3.2014 before Maintenance and Welfare of Senior Citizen Tribunal. The said application was allowed by order dated 11.7.2014. Thereafter, the petitioner filed CWP No.15477 of 2014 which was dismissed by this Court in which two issues were addressed by the parties (i) Whether an application under Sec. 22 of the Act is maintainable by the parents-in-law against a daughter-in-law and (ii) If the answer to question No.1 is that application is maintainable and further, the same is allowed, whether the remedy of appeal against the order of the Tribunal be available to such an aggrieved daughter-in-law under Sec. 16 of the Act or not Both the issues were decided in affirmative by the Court holding that daughter-in-law falls within the definition of Sec. 22(2) of the Act as it applies to daughter-in-law as well and daughter-in-law has a right to prefer an appeal against the order of Tribunal under Sec. 16 of the Act. As a result thereof, the petitioner filed the appeal before the Appellate Tribunal. The said appeal has been dismissed by respondent No.1 alone on 29.7.2015.