Section 16 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- (1)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: Provided that on appeal, the children or relative who is required to pay any amount in terms of such maintenance order shall continue to pay to such parent the amount so ordered, in the manner directed by the Appellate Tribunal: Provided further that the Appellate Tribunal may, entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
- (2)On receipt of an appeal, the Appellate Tribunal shall, cause a notice to be served upon the respondent.
- (3)The Appellate Tribunal may call for the record of proceedings from the Tribunal against whose order the appeal is preferred.
- (4)The Appellate Tribunal may, after examining the appeal and the records called for either allow or reject the appeal.
- (5)The Appellate Tribunal shall, adjudicate and decide upon the appeal filed against the order of the Tribunal and the order of the Appellate Tribunal shall be final: Provided that no appeal shall be rejected unless an opportunity has been given to both the parties of being heard in person or through a dully authorised representative.
- (6)The Appellate Tribunal shall make an endeavour to pronounce its order in writing within one month of the receipt of an appeal.
- (7)A copy of every order made under sub-section (5) shall be sent to both the parties free of cost.
Summary
- A senior citizen or parent unhappy with a Tribunal order can appeal to the Appellate Tribunal within sixty days.
- The Appellate Tribunal can accept late appeals after sixty days if there was a sufficient cause for the delay.
- While the appeal is being considered, children or relatives must continue paying the ordered maintenance as directed by the Appellate Tribunal.
- The Appellate Tribunal must send a notice to the respondent and can call for records from the lower Tribunal.
- No appeal can be rejected without giving both parties a chance to be heard in person or through an authorized representative.
- The Appellate Tribunal must try to write and deliver its decision within one month of receiving the appeal, and copies must be provided to both parties free of cost.
Practical examples
FAQ
1. Who is allowed to file an appeal under this section?
Only a senior citizen or a parent who is unhappy or aggrieved by the Maintenance Tribunal's order can file an appeal.
2. What is the normal time limit for filing an appeal?
The appeal must be filed within sixty days from the date of the Tribunal's order.
3. Can an appeal be filed after sixty days have passed?
Yes, if the Appellate Tribunal is satisfied that there was a sufficient cause which prevented the appellant from filing the appeal in time.
4. Does the child stop paying maintenance while the appeal is pending?
No, the child or relative must continue to pay the ordered amount to the parent in the manner directed by the Appellate Tribunal.
5. Within what time should the Appellate Tribunal decide the appeal?
The Appellate Tribunal must make an effort to give its written order within one month from receiving the appeal.
Test yourself
Q1.Under Section 16 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, who is explicitly permitted to file an appeal against the order of the Tribunal?
Q2.Under Section 16 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what is the standard time limit for a senior citizen or parent to file an appeal?
Q3.Under Section 16 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what is the target timeframe for the Appellate Tribunal to write and announce its order?
Q4.Under Section 16 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what is the status of the maintenance payments while an appeal is pending before the Appellate Tribunal?
Q5.Under Section 16 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what is required before the Appellate Tribunal can reject an appeal?