Sitting on a Division bench of Punjab and Haryana High Court, Justice Sanjay Kishan Kaul held that, Appeals under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 can be filed by any of the affected parties.
We may add at this stage that in order to have assistance to this Court in view of the complexity in the matter involved, we considered it appropriate not only for the counsels to assist us, but to appoint Amicus Curiae to have dispassionate view of the matter. We, thus, appointed Mr. Puneet Bali, Senior Advocate as the Amicus Curiae to be assisted by Ms. Divya Sharma, Advocate. They have done a comprehensive research on various aspects of the matter and this includes the Parliamentary debates when the Bill for enactment of the said Act was introduced. A perusal of these debates reflect that therehas been no debate qua Section 16(1) of the said Act, nor has any intent been reflected to exclude the right of appeal to persons other than thesenior citizens or parents, unlike the debate on Section 17 of the said Act where the right of legal representation has been excluded.
And here is the conclusion.
We are thus of the view that Section 16(1) of the said Act is valid, but must be read to provide for the right of appeal to any of the affected parties.
Citations : [2014 AIR P&H 121], [2014 SCC ONLINE P&H 10864]
Other Sources :
https://indiankanoon.org/doc/156882703/
https://www.casemine.com/judgement/in/5609a051e4b01497113e6023
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