Telangana High Court
Smt. H, Deepika vs Maintenance And Welfare Of Parents And ... on 22 March, 2022
Author: Satish Chandra Sharma
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.547 OF 2020
JUDGMENT:(Per the Hon'ble the Chief Justice Satish Chandra Sharma) The present writ appeal is arising out of order dated 05.03.2020 passed in W.P.No.5125 of 2017.
The facts of the case reveal that the appellant before this Court is the daughter-in-law of respondent Nos.3 and 4 herein. Respondent Nos.3 and 4 have preferred an application before the 2nd respondent - Maintenance and Welfare of Parents and Senior Citizens Tribunal-cum-Revenue Divisional Officer, Karimnagar, under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The application was allowed by an order dated 27.08.2016. An appeal was preferred before the 1st respondent - Maintenance and Welfare of Parents and Senior Citizens Appellate Tribunal, represented by its Chairman, District Collector, Karimnagar and the District Collector has passed an order on 01.02.2017 directing compliance of order dated 27.08.2016 and at the same time, he has held that the appeal is not maintainable. 2
The daughter-in-law, who is the appellant, being aggrieved by orders dated 27.08.2016 and 01.02.2017 came up before this Court by filing a writ petition i.e., W.P.No.5125 of 2017 and the learned Single Judge has held that there is a remedy of appeal in the matter, but, at the same time, he has disposed of the writ petition upholding order dated 27.08.2016 by which respondent No.2, Revenue Divisional Officer, has directed delivery of possession of the house to in-laws i.e., respondent Nos.3 and 4. The daughter-in-law being aggrieved in the matter preferred the present writ appeal and while the matter was pending before this Court, attempts were made by this Court for mediation. On 01.02.2022, learned counsel for the appellant gave a proposal that one portion of the house, which has been vacated by the tenant, can certainly be given to the in-laws to reside in it and this Court has directed the appellant to file a compliance report after handing over a portion of the house, which is more than half of the house, to the in- laws. It is unfortunate that the in-laws are not ready to accept the proposal given by the daughter-in-law.
A detailed affidavit has been filed by respondent No.3 stating that the in-laws i.e., respondent Nos.3 and 4 want the 3 entire house to live safely and happily at the fag-end of their life and therefore, the entire house be handed over to them.
The present case is a case where the husband of the appellant is missing. At present, she is not doing any job, as informed. She does not have any alternative accommodation. She was ready to give half portion of the house to the in-laws to stay in it, but the in-laws are not accepting the offer.
The learned Single Judge while deciding the matter has held that there is a remedy of appeal before the Maintenance and Welfare of Parents and Senior Citizens Appellate Tribunal, represented by its Chairman, District Collector, Karimnagar, and it is an undisputed fact that the appeal was not heard on merits by the Collector, Karimnagar, and therefore, the order passed by the learned Single Judge is set aside and the matter is remanded back to the 1st respondent - Appellate Tribunal to decide the matter afresh in accordance with law, after taking into account all grounds raised by the parties. The parties shall appear before the Appellate Authority on 28.03.2022 and the Appellate Authority shall decide the matter on merits in accordance with law.
Resultantly, the writ appeal stands allowed. 4 Miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.
________________________ SATISH CHANDRA SHARMA, CJ _______________________ ABHINAND KUMAR SHAVILI, J 22.03.2022 ES