The Punjab and Haryana High Court has deprecated an “appellate tribunal”, set up under the Maintenance and Welfare of Parents and Senior Citizens Act-2007, for passing an evasive order in case of a 76-year-old widow ousted from her house by her son.
The Bench of Justice Augustine George Masih and Justice Ashok Kumar Verma asserted that the order passed by the appellate tribunal, chaired by Fatehabad District Collector, was also non-speaking and erroneously bad in the eyes of law.
“Such an exercise of power is to be deprecated,” the Bench asserted.
Taking up the son’s plea against the SDM’s order, the appellate tribunal in February 2020 partly reversed and set aside the “well-reasoned” findings on the cancellation of the transfer deed. Only the grant of maintenance and the right to live in her house were upheld.
The writ petition filed by the mother was allowed by a Single Judge of the High Court vide impugned order dated April 20, thereby maintaining the SDM’s order in toto, leading to the filing of the appeal by the son before the Division Bench.
The Bench asserted that the Single Judge rightly maintained the well-reasoned and speaking order passed by the SDM.
“The Single Judge has rightly maintained the speaking and well-reasoned order passed by the SDM, who has rightly exercised his jurisdiction available under Section 23 of the Act and cancelled the transfer deed and directed that the shops in question be transferred back in the name of the mother and possession be granted back to her,” the Bench concluded.
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