Full Text
LPA 293/2019& C.M.No.20601/2019(stay)
MUKESHKR SHARMA Appellant
Through: Mr.Ranjit Sharma,Adv.
Through: None.
HON'BLE MR.JUSTICE ANUP JAIRAM BHAMBHANI
01.05.2019 C.M.No.20602/2019(exemptions)
Allowed,subjectto alljust exceptions.
C.Ms.No.20600/2019&20603/2019(delay)
For the reasons stated in the applications,the delay in filing as well as re-filing is condoned.
The applications are disposed of.
LPA No.293/2019
ORDER
1. Challenging an interlocutory order dated 4^*^ December,2018 passed by the learned writ Courtin W.P.(C)No.13009/2018,the petitioner has filed 2019:DHC:7539-DB maintenance under the provisions of Maintenance and Welfare ofParents and Senior Citizens Act, 2007. The tribunal allowed the application and directed for paymentofmaintenance@Rs.10,000/- every month and arrears were also directed to be paid from June,2016 till September,2018.
2. Inter alia contending that the order for grant of maintenance was passed without hearing him,a writ petition was filed before this Courtbeing W.P.(C) No.10408/2017. The said writ petition was disposed of on 24^*" November,2017 granting liberty to the appellant to file a recall order before the Maintenance Tribunal. The appellant is said to have filed the application for recall on 30'*^ November, 2017 and when the same was rejected on 2"^ November,2018,the present writpetition has been filed.
3. In the present writ petition while issuing notice, as an interim measure, the learned writ Court has directed the appellant to deposit Rs.50,000/- with the Registry ofthis Court;and further,during the pendency ofthe petition to pay Rs.10,000/- as maintenance per month by depositing it inthe bank accountoftherespondentbefore 10^*^ ofeach calendar month.
4. Challenging this interlocutory direction passed by the learned writ Court,this appeal has been filed on the ground that the appellant has been saddled with the responsibility of paying maintenance in a illegal and arbitrary manner. Various other grounds are also raised for impugning the same.
5. As the question of granting maintenance is sub-judice before the learned writ Court in the pending writ petition, which is now listed for respondent who is a senior citizen,does not call for any interference in this appeal.
6. We find no error in the discretion exercised by the learned writ Court in passing the impugned order. The appeal is,accordingly,dismissed along with the pending application.
CHIEF JUSTICE ANUP JAIRAM BHAMBHANI,J. MAY 01,2019 'anb'