Ratan Lal and Another Vs State of U.P. and 4 Others

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Chief Justice's Court Case :- WRIT - C No. - 21152 of 2018 Petitioner :- Ratan Lal And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sudhanshu Pandey Counsel for Respondent :- C.S.C.,Arvind Srivastava,Shalendra Kumar

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Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.

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It is pointed out by learned counsel for the petitioner that petitioner no. 1 has already died.

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The writ petition on his behalf, as such, stands dismissed.

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While questioning correctness of the order dated 30.05.2018 passed by District Magistrate, Aligarh under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as "Act, 2007"), the only argument advanced by learned counsel for the petitioner is that an appeal against an order passed by Tribunal constituted under the Act, 2007 could have been challenged either by a senior citizen or a parent. Respondent nos. 4 and 5, being not a senior citizen or parents, could have not availed the remedy aforesaid.

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From perusal of the record, it is apparent that respondent no. 4 - Sri Pramod Kumar is about 65 years of age and, as such, he is a senior citizen.

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In view of that, an appeal on his behalf could have certainly been entertained.

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In light of whatever stated above, we do not find any merit in this petition for writ.

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Dismissed accordingly.

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While dismissing the writ petition, we would like to observe that respondent no. 4 - Sri Pramod Kumar is ready and willing to pay the maintenance to a tune of Rs. 15,000/- to petitioner no. 2 month by month.

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In view of it, we expect that the maintenance in the tune aforesaid shall be deposited by respondent no. 4 - Sri Pramod Kumar in the account of petitioner no. 2 regularly within the first 10 days of every month.

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Order Date :- 21.2.2019/Shubham

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(Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)

Ratan Lal and Another v. State of U.P. and 4 Others

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Ratan Lal and Another v. State of U.P. and 4 Others

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