Rajasthan High Court - Jaipur
Smt. Minali Sharma W/O Late Shri Piyush ... vs Shyam Narayan Sharma S/O Shri Kanaiya ... on 15 February, 2021
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14495/2020
Smt. Minali Sharma W/o Late Shri Piyush Sharma D/o Shri
Jagdish Sharma, Aged About 28 Years, R/o Deoli At Present R/o
767, Gopal Ji Ka Mandir, Bariyon Ka Bagh, Gangapol, Subash
Chowk, Jaipur, Rajasthan, At Present Posted As Ldc Panchayat
Samiti Amer, District Jaipur (Raj.).
----Petitioner
Versus
Shyam Narayan Sharma S/o Shri Kanaiya Lal, Aged About 62
Years, R/o Vivekanand Colony Deoli, P.s. Deoli, District Tonk
(Raj.)
----Respondent
For Petitioner(s) : Mr.Manu Bhargava For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 15/02/2021 Learned counsel submitted that the petitioner is a widow lady and has two school going children.
Learned counsel submitted that by the impugned order dated 30th August, 2019, the petitioner has been directed to pay Rs.5,000/- per month to the respondent.
Learned counsel submitted that the petitioner has got compassionate appointment and she gets only Rs.14,000/- in salary.
Learned counsel submitted that the petitioner had preferred an appeal before the District Collector, Tonk against the order of SDO, Deoli and the appeal, filed by the petitioner, has not been entertained on account of limited scope of filing appeal under (Downloaded on 17/02/2021 at 11:56:04 PM) (2 of 2) [CW-14495/2020] Section 16 of the Maintenance of Parents and Senior Citizens Act, 2007 (for short "the Act of 2007").
Learned counsel submitted that the different High Courts have taken a view that appeal can also be filed by an aggrieved person under Section 16 of the Act of 2007 and Section 16 has been read down by different High Courts enabling the petitioners therein for filing the appeal.
The matter requires consideration. Issue notice of the petition as well as stay application, returnable on 22nd March, 2021. Notices be given 'dasti', if prayed.
Till the next date of hearing, the effect and operation of the order dated 30th August, 2019 and 12th November, 2020 shall remain stayed.
(ASHOK KUMAR GAUR),J Preeti Asopa /22 (Downloaded on 17/02/2021 at 11:56:04 PM) Powered by TCPDF (www.tcpdf.org)