Disposed

Arun Singh S/O. Shri Dhanne Singh v. Shri Dhanne Singh S/O. Shri Chhitar Singh

Rajasthan HC13 Oct 2025CW/13151/2025

Case brief

AI extract

What is this about?

A son challenging his father's maintenance order was held by the District Collector to be barred from appealing under Section 16 of the Act of 2007. Relying on prior Rajasthan High Court decisions holding children may appeal, the writ court set aside the Collector's order and directed fresh decision of the appeal after hearing both parties.

What did the court decide?

Order dated 21.07.2025 in Appeal No.34/2025 set aside; District Collector directed to decide the petitioner's appeal afresh after hearing both parties.

Arun Singh S/O. Shri Dhanne Singh Vs Shri Dhanne… — Maintenance and Alimony | Rajasthan HC (2025)

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[2025:RJ-JP:41648]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 13151/2025

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Arun Singh S/o. Shri Dhanne Singh, aged about 42 years, R/o. Gram Kangya, Tehsil Madhorajpura, Police Station Phagi, District Jaipur, At Present R/o. B-46, Surya Nagar, Taroon Ki Kunt, Tonk Road, Jaipur, Rajasthan.

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----Petitioner

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Versus

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Dhanne Singh S/o. Shri Chhitar Singh, Aged About 66 Years, R/o. Gram Kangya, Tehsil Madhorajpura, Police Station Phagi, District Jaipur, Rajasthan.

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----Respondent

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For Petitioner(s) : Mr. Anoop Pareek, Adv. For Respondent(s) : -

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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13/10/2025

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This petition has been filed with the following prayer:-

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"It is therefore, most humbly prayed that this Hon'ble Court may kindly be pleased to accept and allow this writ petition and call for the entire record and after perusing the same-

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I. Issue appropriate Writ, order or direction in the nature thereof dismissing the order dated 21.07.2025 passed by District Magistrate (Collector), Jaipur in Appeal Case No.34/2025 and order dated 04.06.2025 passed by Ld. SDM also be quashed and set aside and may also be allow the appeal of the Petitioner in toto.

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II. Any other order or direction, which this Hon'ble Court deems fit, just and proper, may kindly be passed in favour of the petitioner."

[2025:RJ-JP:41648]

[CW-13151/2025]

(2 of 3)

Learned counsel for the petitioner submits that respondentfather of petitioner filed an application before learned Sub-Divisional Magistrate, Madhorajpura, Jaipur (for short 'SDM') under Sections 4, 5 & 9 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to 'Act of 2007') for seeking maintenance from his son-Mahendra Singh. The application was allowed by the learned SDM vide order dated 04.06.2025 and the petitioner and his brother-Mahendra Singh were directed to pay Rs.3000/- per month each, as a maintenance to their father-Dhanne Singh. Against the said order of learned SDM, an appeal was filed by the petitioner before the District Magistrate (Collector), Jaipur (for short 'District Collector') and thereby, the District Collector vide order dated 21.07.2025 dismissed the appeal and held that as per Section 16 of the Act of 2007, only aggrieved parents and senior citizen can file appeal against the impugned order.

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Learned counsel for the petitioner while relying upon the judgment passed by this Court in cases of Smt. Rekha Agarwal Vs. Union of India & Ors. (D.B. Civil Writ Petition No.16743/2018, decided on 03.08.2021), Kamaljeet Singh Vs. Ummed Singh Pooniya & Anr. (D.B. Special Appeal (Writ) No.471/2023, decided on 26.05.2023) and in case of Maya Devi & Ors. Vs. Vishweshwar Dayal & Ors. ; reported in 2023(2) DNJ 868 , submits that even the children against whom an order of maintenance is passed, under the provisions of the Act of 2007, can file appeal, therefore, the petition be disposed of with the directions to the District Collector to decide the appeal filed by the petitioner.

[2025:RJ-JP:41648]

[CW-13151/2025]

(3 of 3)

Heard and considered the judgment passed by this Court in case of Kamaljeet Singh (supra), wherein, it was held as under:-

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"Though, learned counsel for the appellant would submit that the provisions contained in the Act of 2007 do not expressly provide for an appeal by the children, we find that a Division Bench of this Court in the case of Smt. Rekha Agarwal Versus Union of India & Others (D.B. Civil Writ Petition No.16743/2018 , decided on 03.08.2021 ) has held that such a right is available, relying upon Division Bench Judgment of the Punjab and Haryana High Court in Paramjit Kumar Saroya Versus Union of India and Another, AIR 2014 P & H 121 ."

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Further in the case of Maya Devi & Ors.(supra), the Co-ordinate Bench of this Court, while relying upon the judgment passed in Paramjit Kumar Saroya Versus Union of India and Another ; reported in AIR 2014 P & H 121 , held that filing of appeal by children is maintainable.

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Therefore, relying upon the judgment of Kamaljeet Singh(supra) and Maya Devi & Ors.(supra), this Court while setting aside the order passed by District Magistrate (Collector) in Appeal No. 34/2025, directs the District Collector to decide the appeal afresh, filed by the petitioner after affording right of hearing to both the parties.

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With the above direction, the present Civil Writ Petition is disposed of.

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(ASHUTOSH KUMAR),J

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Mohita /25

Arun Singh S/O. Shri Dhanne Singh v. Shri Dhanne Singh S/O. Shri Chhitar Singh

Case brief

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Arun Singh S/O. Shri Dhanne Singh v. Shri Dhanne Singh S/O. Shri Chhitar Singh

Case brief

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