Bombay High Court

SUMITRA MORASKARversusTHE STATE OF GOA THR ITS CHIEF SECRETARY AND 2 ORS

Disposal: Disposed of

Holding

The petition is disposed of in accordance with the clarification provided by the government counsel.

Summary

The petitioner filed a complaint under the Maintenance and Welfare of Parents and Senior Citizens Act, which the Deputy Collector, acting as Maintenance Tribunal, claimed to have disposed of. The petitioner contested the correctness of that statement. The government counsel clarified that the complaint would be disposed of within three months after hearing the petitioner and Respondent No.3, in accordance with the Act. The court accepted this clarification and ordered the petition to be disposed of. Consequently, the writ petition was dismissed.

Issues considered

What is the appropriate procedure for disposing of a complaint under the Maintenance and Welfare of Parents and Senior Citizens Act?
Whether the petitioner's challenge to the tribunal's statement warrants judicial intervention?

Legislation cited

Maintenance and Welfare of Parents and Senior Citizens Act

Subjects

Maintenance Act
senior citizens
writ petition
tribunal disposal
government counsel

Judgment

                                   71 WP 1048 2026

     Meena

             IN THE HIGH COURT OF BOMBAY AT GOA
                      WRIT PETITION NO.1048 OF 2026

SUMITRA MORASKAR                                         ... PETITIONER
  Versus
THE STATE OF GOA THR ITS CHIEF
SECRETARY AND 2 ORS                                      ... RESPONDENTS


Mr. Kabir Sabnis, Advocate for the Petitioner.
Mr. Ajay Borkar, Additional Government Advocate for
Respondent Nos. 1 and 2.
Mr. Akhil Govekar, Advocate for Respondent No.3.


                       CORAM:- VALMIKI MENEZES &
                               AMIT S. JAMSANDEKAR, JJ.
                       DATED :- 7th September, 2026

P.C.:


1.       The learned Government Advocate has placed on record a
communication dated 05.08.2026 issued by the Deputy Collector,
Mapusa, acting as Maintenance Tribunal under the Maintenance
and Welfare of Parents and Senior Citizens Act, stating that the
Petitioner's complaint has been disposed of. The learned Advocate
for the Petitioner submits that this is an incorrect statement made in
the communication.


2.           On instructions, the learned Advocate appearing for the
Authorities states that the complaint dated 12.06.2026 of the


                                      Page 1 of 2
                                   7th September, 2026
                                                      71 WP 1048 2026


                    Petitioner would be disposed of within a period of three months
                    after hearing the Petitioner and Respondent No.3. The same would
                    be disposed of in accordance with the provisions of the
                    Maintenance and Welfare of Parents and Senior Citizens Act. The
                    statement is accepted.


                    3.       Petition stands disposed of in terms of the statement made by
                    the Advocate.



                      AMIT S. JAMSANDEKAR, J.                     VALMIKI MENEZES, J.




Signed by: MEENA VISHAL BHOIR
Designation: Private Secretary
                                                          Page 2 of 2
Date: 08/09/2026 17:01:48
                                                       7th September, 2026

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