Khushi Gupta
Published on: May 18, 2022 at 17:22 IST
Punjab and Haryana High Court while dealing with a Challenge to the Order of the Additional District Magistrate passed in response to a Maintenance Petition filed by woman claiming to be a senior citizen under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.
It held that the Maintenance Tribunal could not have invoked its Jurisdiction for the reason that the age of the woman was less than 58 years on the relevant date i.e. the date of institution of the Proceedings before such Tribunal.
The Bench comprising Justice Arun Monga quashed the Impugned Order.
It stated, “In the premise, on that short ground alone, Tribunal could not have invoked the Jurisdiction of Maintenance Tribunal under the Act, as Respondent No.2 herein was less than 58 years not a senior citizen on the relevant date”.
The Instant Case came as result of a Writ Petition in the Form of Certiorari to set aside the Impugned Order.
The Court continued that, “Perusal of the record vis-à-vis Annexures particularly, Annexures P-1 (Ration Card), P-1-A (Aadhar Card) and P-4 (an earlier Petition filed in this Court by the Respondent No.2) reflects that on her own volition, Respondent No.2 has stated her age to be less than 58 years as on the date of instituting Proceedings before the Maintenance Tribunal vide petition Annexure P-5, which is dated 04.09.2020.”
Accordingly, the Court Quashed Impugned Order for lack of Jurisdiction.