Disposed¶13

Umesh Ramkishan Gaud and Anr. v. Ajoradevi Ramkishan Gaud

Bombay HC30 Mar 2026WP/3995/2026

Case brief

AI extract

What is this about?

Senior Citizens Act 2007; Maintenance and Welfare of Parents and Senior Citizens Act; Section 16; appeal by child or relative against Maintenance Tribunal order; Maintenance Tribunal Mumbai; Appellate Tribunal; Jagdish Pitambar Pawar Vs. Pitambar Pundalik Pawar; Writ Petition No.36 of 2023 Aurangabad Bench 29.11.2023; Section 14 Limitation Act limitation credit; disposal with liberty; WRIT PETITION NO.3995 OF 2026; N. J. Jamadar J.; 30 March 2026.

What did the court decide?

Liberty to the Petitioner to file an Appeal before the Appellate Tribunal; appeal to be filed within two weeks of upload of this order; Appellate Tribunal requested to decide expeditiously; limitation credit under section 14 of the Limitation Act for time spent prosecuting this Petition. ¶13

Umesh Ramkishan Gaud and Anr. vs Ajoradevi Ramkishan Gaud — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

How the Petitioners' challenge to the order dated 27.11.2025 of the Maintenance Tribunal, Mumbai should proceed, given that an appeal against such an order is maintainable under Section 16 of the Senior Citizens Act even at the instance of the child or relative.

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Ratio / Principle

An appeal against an order passed by the Maintenance Tribunal is maintainable even at the instance of the child or relative, under Section 16 of the Senior Citizens Act, as established by the Division Bench judgment of this Court in Jagdish Pitambar Pawar Vs. Pitambar Pundalik Pawar and ors.

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Key takeaways

The Petition stands disposed with liberty to the Petitioner to file an Appeal before the Appellate Tribunal.ratio¶13
If the Appeal is filed within two weeks of the date of uploading of this order, the Appellate Tribunal is requested to hear and decide the Appeal as expeditiously as possible.obiter¶18
If the question of limitation arises before the Appellate Tribunal, the time spent in prosecuting this Petition before this Court will be accounted for under section 14 of the Limitation Act.ratio

Detailed headnote1 paragraphs

Writ Petition No. 3995 of 2026 (High Court of Bombay, Civil Appellate Jurisdiction, N. J. Jamadar, J., 30 March 2026): Petitioners' challenge to the order dated 27 November 2025 of the Maintenance Tribunal, Mumbai, passed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('Senior Citizens Act'), was disposed with liberty to file an Appeal before the Appellate Tribunal. Relying on the Division Bench judgment of the same Court in Jagdish Pitambar Pawar Vs. Pitambar Pundalik Pawar and ors. (Writ Petition No. 36 of 2023, Aurangabad Bench, dated 29.11.2023), the Court recorded that an appeal against a Maintenance Tribunal order is maintainable even at the instance of the child or relative, under Section 16 of the Senior Citizens Act. If the appeal is filed within two weeks, the Appellate Tribunal was requested to decide it expeditiously, and any question of limitation was to be addressed by accounting for the time spent prosecuting this Petition under section 14 of the Limitation Act.

Umesh Ramkishan Gaud and Anr. v. Ajoradevi Ramkishan Gaud

Case brief

What is this about?

What did the court decide?

Umesh Ramkishan Gaud and Anr. v. Ajoradevi Ramkishan Gaud

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

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Case details

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