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May 28 4 tweets 1 min read
#AllahabadHighCourt holds that against any order u/S 5 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007, the right to appeal u/S 16(1) is available 'not only' to the senior citizen and parents 'but also' to the children, relative, or other person too.
Section 16(1) reads, "Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal....." Image
Court said, "Maintenance has to be given by some person or institute or a juristic person and if such a maintenance is been granted, some person must be affected and thus, non-mentioning of the words in Section 16(1) is not a casus omissus, but it seems an accidental omission."
Court also highlighted that there is no provision in the Act denying the right of appeal to the other parties i.e. children, relatives and other persons as mentioned u/s 5.

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More from @LawBeatInd

May 30
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