web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Rakhi Sharma Vs State and Ors

Rakhi Sharma Vs State and Ors on 5 Mar 2021

Posted on March 21, 2021 by ShadesOfKnife

Delhi High Court held that, Appeals can be filed by any ‘affected person’ under MWPSC Act and applicable Rules in Delhi in cases of maintenance and eviction of son, daughter or any legal heir to their property.

From Para 4

4. A large number of writ petitions are filed before this Court challenging orders passed under the Act, as also the Rules. There appears to be some confusion as to which orders are appealable, to which forum and by whom. In order to properly appreciate the scheme of the Act and the Rules thereto, it is necessary to set out the provisions which are applicable separately qua maintenance and eviction proceedings.

From Para 15, 16 and 17,

15. As per the above Rules, a senior citizen can approach the Deputy Commissioner/DM seeking eviction of the son, daughter or any other legal heir from his self-acquired property on account of his non-maintenance and ill-treatment. The term ‘self-acquired property’ has been amended to include ’property of any kind’, vide notification dated 28th July, 2017 numbered F.No.40(405)/AmendmentofRulesMAWPSC2007/DD(SS)/DSW/2015-6/1168411712. Thus, the senior citizen can approach the Deputy Commissioner/DM for eviction from any property over which he/she enjoys rights. The title of the senior citizen is checked. A report is submitted by the concerned SDM after verifying both the title as also the facts pleaded. If the Deputy Commissioner/DM is satisfied, then notice is issued to the children/relatives whose eviction is sought and thereafter orders are passed.
16. Under Rule 22(3)(4), an appeal against the order of the Deputy Commissioner/District Magistrate would lie before the Divisional Commissioner, Delhi. Thus, in respect of eviction, the first forum would be the Deputy Commissioner/District Magistrate. A challenge to the order of the Deputy Commissioner/DM would lie before the Divisional Commissioner.
17. The Act and the various Rules and Notifications thereto are not readily available to litigants, as also lawyers, in the form of a separate publication. This may be one of the causes for confusion in filing multiple writ petitions directly against the first order of the tribunal or, in the case of eviction, from the order of the Deputy Commissioner/DM. The said orders would be appealable as explained hereinabove. Thus, lawyers and the litigating public ought to avail of the remedies available to them under the Act and the Rules, as per the narration above.

Finally, Directions were passed.

18. Since, in most cases, the appellate forum and the period of limitation is not within the knowledge of litigants and sometimes even lawyers, it is directed that the following two sentences be added at the end of every order passed by the initial forum i.e., the Tribunal under Section 7 of the Act or, in eviction cases, the Deputy Commissioner/DM under Rule 23(3) of the Rules as amended on 19th December, 2016:
For maintenance cases:
“The present order would be appealable, under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with Rule 16 of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, to the Appellate Tribunal, presided over by the Deputy Commissioner of the concerned District. The period of limitation for filing of appeal is 60 days.”
For eviction cases:
“The present order would be appealable under Rule 22(3)(4) of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, as amended on 19th December, 2016 before the Divisional Commissioner, Delhi. The period of limitation for filing of appeal is 60 days.”

Rakhi Sharma Vs State and Ors on 5 Mar 2021

Citations :

Other Sources :

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Maintenance and Welfare of Parents and Senior Citizens Act 2007 Maintenance and Welfare of Parents and Senior Citizens Rules Rakhi Sharma Vs State and Ors | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
yashtdp_ Yash @yashtdp_ ·
1 Aug

📢 DSC అవాస్తవాలు & తప్పుడు ప్రచారాలపై వాస్తవాలు! 🛑
DSC పరీక్షలపై ఎక్కడైనా పేపర్ లీక్ అయిందా అంటే కేవలం అనుమానాలే తప్ప ఒక్క ఆధారం కూడా లేదు! హైకోర్టులో వేసిన కేసులు కూడా సరైన ఆధారాలు లేకపోవడంతో మొదటి రోజే డిస్మిస్ అయ్యాయి. ⚖️
@YSRCParty తప్పుడు ప్రచారాలతో పబ్బం గడుపుకోవాలని

Reply on Twitter 2083413535686869412 Retweet on Twitter 2083413535686869412 66 Like on Twitter 2083413535686869412 247 X 2083413535686869412
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
ncbn N Chandrababu Naidu @ncbn ·
2 Aug

సీనియర్ జర్నలిస్ట్, మహా న్యూస్ ఛైర్మన్ & మేనేజింగ్ డైరెక్టర్ శ్రీ మారెళ్ళ వంశీ కృష్ణ గారికి హృదయపూర్వక జన్మదిన శుభాకాంక్షలు. మీడియా రంగంలో మీ నిబద్ధతతో మరెన్నో విజయాలు సాధించాలని, భగవంతుడు మీకు ఆయురారోగ్యాలు, సుఖసంతోషాలను ప్రసాదించాలని మనస్ఫూర్తిగా ఆకాంక్షిస్తున్నాను. మహా

Reply on Twitter 2083758360680415554 Retweet on Twitter 2083758360680415554 182 Like on Twitter 2083758360680415554 2398 X 2083758360680415554
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
delhipolice Delhi Police @delhipolice ·
26 Jul

⚠️ FACT CHECK: FAKE VIDEO ⚠️The viral video claiming Delhi Police DCP Sumit Jha resigned over student protests is completely fake and AI generated. The authentic footage, in which the officer addresses the public regarding active misinformation campaigns, is available vide link

Reply on Twitter 2081352316767396053 Retweet on Twitter 2081352316767396053 598 Like on Twitter 2081352316767396053 2295 X 2081352316767396053
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
itdp_official iTDP Official @itdp_official ·
31 Jul

Zero Airports..

Zero Vision..

Zero @ysjagan..

The numbers speak louder than the slogans.

#YSRCPNeverAgain #UttarandhraKalalakuRekkalu
#BhogapuramAirport

Reply on Twitter 2083105701380198733 Retweet on Twitter 2083105701380198733 102 Like on Twitter 2083105701380198733 380 X 2083105701380198733
Load More

Recent Posts

  • Ishwar Chand Sharma and Ors Vs State of U.P. on 29 May 2026 July 26, 2026
  • Prabhakar Yeshwant Masram and Anr Vs Sou Tula Namdeorao Jaipurkar and Anr on 21 Jul 2026 July 26, 2026
  • Shikha Lall Vs Prince Agarwal on 7 Nov 2024 July 21, 2026
  • Pranjal Poddar and Ors Vs Shivani Gupta on 21 Apr 2026 July 21, 2026
  • Sharad Kumar Pandey Vs Mamta Pandey on 1 Sep 2010 July 21, 2026

Most Read Posts

  • Reply to Section 41A CrPC Notice – Format with Legal Explanation (5,144 views)
  • Charge Sheet and Final Report Explained (3,166 views)
  • Regular Bail Application Format (Section 437/439 CrPC) (2,544 views)
  • Arrest Procedure in 498A cases after Arnesh Kumar (2,146 views)
  • Discharge Application Format in 498A Case – Draft, Procedure & Sample Template (2,082 views)
  • Can You Travel Abroad After an FIR Is Registered? – Legal Position Explained (2,049 views)
  • Life Cycle of a Perjury Case (2,026 views)
  • Application for Certified Copy of FIR – Format, Procedure and Sample Draft (1,769 views)
  • Appeal, Revision and Review Explained (1,738 views)
  • Life Cycle Stages of a Restitution of Conjugal Rights Case (1,700 views)

Tags

Reportable Judgement or Order (439)2-Judge (Division) Bench Decision (424)Legal Procedure Explained - Interpretation of Statutes (387)Landmark Case (384)1-Judge Bench Decision (370)Catena of Landmark Judgments Referred/Cited to (298)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (101)Sandeep Pamarati (91)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (71)Perjury Under Section 340 CrPC (70)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (62)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (44)CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents (43)HM Act Sec 13 - Divorce Granted to Husband (42)Abuse Or Misuse of Process of Court (42)Divorce Granted on Cruelty ground (42)

Categories

Supreme Court of India Judgment or Order or Notification (760)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (329)High Court of Andhra Pradesh Judgment or Order or Notification (187)High Court of Delhi Judgment or Order or Notification (167)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (95)Legal Procedure (83)High Court of Madras Judgment or Order or Notification (71)High Court of Allahabad Judgment or Order or Notification (63)LLB Study Material (59)General Study Material (56)High Court of Punjab & Haryana Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (51)High Court of Kerala Judgment or Order or Notification (47)Judicial Activism (for Public Benefit) (47)Prakasam DV Cases (46)District or Sessions or Magistrate Court Judgment or Order or Notification (44)High Court of Madhya Pradesh Judgment or Order or Notification (38)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (28)

Recent Comments

  • vinod gupta on Reply to Section 41A CrPC Notice – Format with Legal Explanation
  • eCourts India on Compromise-Based Quashing in Matrimonial Cases – Complete Legal Strategy
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • ShadesOfKnife on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)

Archives of SoK

  • July 2026 (19)
  • June 2026 (19)
  • May 2026 (24)
  • April 2026 (33)
  • March 2026 (42)
  • February 2026 (30)
  • January 2026 (21)
  • December 2025 (2)
  • November 2025 (3)
  • October 2025 (17)
  • September 2025 (12)
  • August 2025 (5)
  • July 2025 (10)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • EWR (Newark) on 2026-09-02 September 2, 2026
    THIS IS A SCHEDULED EVENT Sep 2, 05:00 - 09:00 UTC Jul 21, 15:30 UTC Scheduled - We will be performing scheduled maintenance in EWR (Newark) datacenter on 2026-09-02 between 05:00 and 09:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
    Cloudflare

RSS List of Spam Server IPs from Project Honeypot

  • 103.89.15.35 | SD August 2, 2026
    Event: Bad Event | Total: 207 | First: 2019-03-02 | Last: 2026-08-02
Owned and Operated by Advocate Sandeep Pamarati and Advocate Suprajaa Rajan
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 475 access attempts in the last 7 days.

pixel